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RATIFIED

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^CONVENTION,

DECEMBER 4, 1895.

ABBEVILLE, S. C:

Hugh Wilson, Printer.

1900.

Cornell University
Library

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CONSTITUTION

1 Cornell University Library

JK4225 1895 .A66

OF THE Constitution of the state of South Carol

olin

3 1924 030 491 900

RATIFIED

CONVENTION,

DECEMBER 4, 1895.

ABBEVILLE, S. C. :
Hugh Wilson, Pbintee.
, ^-1900.

CONSTITUTION

OF THE

State of South Carolina.

ARTICLE I.
Dbclaeation op Rights.

Sec. 1. Political power in people.
Sec. 2. Apportionment of liepresenta-

tlves.
. Sec. 3. Meeting of Genei-al Assembly.
Sec. 4. Religious worship. Freedom

of Speech. Petition.
Sec. 5. Equal protection of laws.
Sec. 8. Taxation.

Sec. 7. No taxation without consent.
Sec. 8. Bill of attainder. Ex post facto

law.
Sec. 9. Right of suflVage protected.
Sec. 10. Elections free and open.
Sec. 11. Qualification of electors. Term

of office. Dueling.
Sec. 12. Residence.
Sec. 13. Suspension of laws.
Sec. 14. Departments of government

separate.
Sec. 15. Courts public.
Sec. 16. Searches. Seizures.
Sec. 17. Grand jury. Not tried twice.

Private property.
Sec. 18. Criminal prosecutions.
Sec. 19. Bail. Corporal punishment.

Contempt.
Sec. 20. Right to bail.
Sec. 21. Prosecutions for libel.
Sec. 22. Treason.
Sec. 23. Habeas corpus.
Sec. 24. Imprisonment for debt.
Sec. 2.5. Trial by Jury.
Sec. 28. Military subordinate to civil.

Quartering soldiers.
Sec. 27. Martial law.
Sec. 28. Navigable waters.
Sec. 29. Provisions of Constitution.

ARTICLE II.
Right of Suffrage.

Sec. 1. Elections by ballot.

Sec. 2. Elector eligible to office. Two
offices.

Sec. 3. Elector defined.

Sec. 4. Qualifications of electors; a —
Residence ; b — Registration ; c
—Read or understand Constitu-
tion; d— Read and wrlte,ort300;
/—Certificate of Registration.

Sec.

Appear!.

Sec.

Disquallflcation.

Sec.

Residence.

Sec.

Registration. Holding elec-
tions.

Sec.

Polling precincts.

Sec.

10.

Primary elections.

Sec.

11.

Closing Registration books.

Sec.

12.

Municipal electors.

Sec.

13.

Election for bonded debt.

Sec.

14.

Arrest ol electors.

Sec.

15.

Right of suffrage unmolested

Sec

Sec.

Sec

10.

Sec.

11.

Sec.

12.

Sec.

13.

Sec.

14.

Sec.

15.

Sec.

18.

Sec.

17.

Sec.

18.

Sec.

19.

Sec.

20.

Sec.

21.

Sec.

22.

Sec.

23.

Sec.

24.

Sec.

25.

Sec.

26.

Sec.

27.

Sec.

28.

Sec.

29.

Sec.

30.

Sec.

31.

Sec.

32.

Sec.

33.

ARTICLE III.
Legislative Depaetment.

Legislative power.
Members House of Represen-
tatives.

Number of Representatives.
Assignment.
Apportionment.
Members of Senate.
Qualification of Senators.
First election.

Sessions. Place of Meeting.
Terms of office.
Judge of elections.
Officers. Rules.
Imprisonment of members.
Members protected.
Bills for revenue.
Style of laws.
One subject.
Read three times.
Compen.sation.
Elections ^^vlva voce"
Adjournments.

Journals. "Ayes" and "Nays."
Doors open.
Two offices.
Vacancies.
Oath of office.
Removal of oflScers.
Homestead.
Assessment.
Extra compensation.
Sale of lands.

Salary of deceased officers.
Pensions.

Marriage — white and negro.
Age of consent.

>Sec. 34. Special laws.

Sec. 3.5. Lands held by aliens

ARTICLE IV.

Executive Department.

Sec.
Sec.
Sec.

Sec.

■Sec.

Sec.

10.

Sec.

11.

Sec.

12.

Sec.

13.

Sec.

14.

Skc.

15.

1. Chief Magisti'Eiti'.

2. Election of (Tovornor.

3. <inalifl<"ttiousforoffice of Gov-
ernor.

4. licturnK of eU'clion fni- Gover-
nor. Result..

LioLitetianMlovcrnor.

\\)tf of r.ieutpn;int,-( Jovernor.

PiVHulcnt jirt>fc/ii/)nre ot'Si'nutc.

Wcnntor acting Govi'inor or
I./ioutcn:iiit^(Tt)veiniH-.

Vacancy.

( ]i >\ n niander-i n-Cb ief.

Parfions. Board of Pardons.

Kxeciitiun of laws.

ronipensation,

Gllicers and Boards report.

Communications to General
Assembly.
Sec. 10. Convene or adjourn General

Assembly.
8ec. 17. Coin mission officei's.
Sec. 18. Seal of state.
SEC. 19. Grants and commissions.
Sec. 20. <Jath of office.
Sec. 21. Residence of Governor.
Sec. 22. Removal of olliei-rs.
Sec. 23. Sit;nature of Governor. Veto.
Sec. 24. Otiier State otTicers.

ARTICLE \'.
JumciAT^ Department.

Sec. 1. Judicial power.

Sec. 2. Supreme Court.

Sec. 3. Present Justices. Fourth Jus-
tice.

Sf,c. 4. Powers rtf Supreme Court.

Sec. f). Times of holding.

Sec. (i. Judti:e disiiXialiticd. N'acancy
filled.

Sec. 7. Cleric and Ki-porter.

Sec. S. Judgments.

Sec. 9. Compensation.

Sec. 10. Ciualitication.

Sec. 11. Vacancies.

Sec, 12. Three Justiccspronounce judg-
ment. Circuit -Judges.

Sec, 13. f'ircuits.

Sec. 14. Interchange of circuits.

Sec. 15. Jurisdiction of Common Pleas.

Sec. 11). Held twice in each County.

Sec. 17. liecisiiMis.

Sec. 18. Jurisdiction of Cieneral Ses-
sions.

Sec. 19. Court of Probate.

Sec. 20. Magistrates.
Sec. 21. Jurisdiction of MagiKtmtes.
Sec. 22. Trial by Jury. Jurors.
Sec. 23. Actions cognizable by Magis-
trates.
Sec. 24. Compensation for officers.
Skc. 2.5. Powers at chambers.
Sec. 20. Charging juries.
Sec. 27. Clerk of Court.
Sec. 2k. Attorney-General.
Sec. 29. Solicitor.
Sec. 30. SheriflT and Coroner.
Skc. 31. Writs and processes.
Skc. 32. Publication of decisions.
Sec. 33. Labor on highways.
Sec. 34. Matters now pending.

articlp: \i.

Jl'RLSPKCDENCE.

Sec. 1. Arbitration.

Sec. 2, Change of venue.

Sec. 3. Pleading.

Sec. 4. Statutes.

Skc. 5. Codillcation of Laws.

Skc. 6. Lynching.

ARTICLE ^'II.

Counties and County Govern.mknt.

Sec.
Sec.

Skc.
Sec.

Sec.

SEC.

Sec.

Sec
Sec.
Sec.

SKC.

Sec.
Sec.

Sec.

]

Sec.

Sicc.

Sec.

New Counties.

Petition for new Counties.

Population, property, area.

Old County. Area. Properly.

Ei^'ht mile limit.

Indebtedness,
. County lines.
. < Vjunty seat.
. Election district.
I. Consolidation.
. Townshijis.
. County liounrlaries.
. Judicial and Congressional

Disti'iets.
. County lines in towns.

ARTICLE VIII.

IPAL Coiil'OKATlONS AND Po-

I.ICE Uei.tlations.

. .'^lunicipal eorpomtious.

. Organisation of cities and

towns.
. Hestrietion of powers.
. Street rail\vn.>-, l'^c.
. Waterworks, ^tc.
. Taxation.
. Bonded debt.
. Manufart.iries.
. Armed police force.
. Boards of Ilcallli.
. .Vlcoholic liquoi-s,
. Prize tighting.

Sec.

15.

Sec.

17.

Sec.

18.

Sec.

19.

Sec.

20.

Sec.

21.

Sec.
Sec.

Sec.

SEC.

Sec.

Sec.
.Sec.
Sec.
Sec.

Sec.

SEC.

Sec.

Sec. 13.

ARTICLE IX.

COKPO RAT IONS.

Corporation defined.

Charter.

Common carrier defined.

liOcal agent.

Discrimination.

Intersection. Transportation.

Parallel lines.

Domestic charter.

Banliing corporations.

Stocks and bonds.

Election officers.

Business of corporation.

Trusts, &c.

The Railroad Commission.

Injuries to employees.

Existing chart+Ts.

Forfeit of franchise.

Liability of sfockholdoi"s.

Controlling interest in another

corporation.
Right of way.
Provisions to be enforced.

ARTICLE X.

Finance and Taxation.

Assessment and taxation.

Expenses.

Tax levied.

Exemptions.

Taxes for ei>rporate purposes.

Bonded debt.
Credit of state.
State indebtedness.
Receipts and expenditures.
Payment of money.
Fiscal year.

Increase of public debt.
Account of public moneys.

Embezzlement.
All tiixes based on State levy.

Sec.

•i.

Sec.

10.

Sec.

11.

Sec. 12.

ARTICLK XI.

Education.

Superintendent of Education.

State Board.

School officers.

Salai'ies.

School age. .School districts.

Three mill tax. Enrollment.

Trustees. .Supplementary

tax.
Separate schools.
South Cai'olina University.
Sectarian institutions.
Gifts for educational purposes.
Gifts. Escheated property.

Direct taxes.
Profit from sale of liquors.

ARTI(.;LE XII.
Charitable and Penal Institu-

TION.S.

Sec. 1. Insane. Blind.deaf and dumb.
Sec. 2. Officers and employees.
Sec. 3. County poor.

4. Directore.

5. Officers of Penitentiary.

6. Convicts.

7. Juvenile reformatory.

8. Vacancies.

9. Control of Penitentiaiy.
ARTICLK XIII.

Militia.

1. Militia age.

2. Arrest.

3. Call out.

4. Adjutant-(4('ncml. Staff offi-

cers.
.Sec. 5. Pensions.

ARTICLE XIV.
Eminent Domai.n.

1. .Furisdiction of .State.

2. Title to lands.

3. Lands revei-t.
ARTICLIO XV.
Impeachment.

1. Power of impeachment.

2. Court of impeachment.

3. Officers liabl<' lo.

4. Removal of officers.

ARTICLE XVI.
Amendment an]) Revision.
Sec. 1. Amendment.

2. Two or more amendments.

3. Constitutional Convention.

.VRTICLE XVII.

MLSCEJjLANEOUS J1ATTEE.S.

1. Q,ualiIication of olli<*ers.

2. Claims against the State.

3. Divorces.

4. Denying Supreme Being.

5. Public printing.

6. Remo\'al of causes.

7. Lotteries.

8. Gambling and betting.

9. Property of married woman.
Sec 10. Laws now of f^)rce.

Sec. 11.

First — Laws now of force. Thdi-

nances.
Second — Writs, iV-e.
Tliird — Present laws.
Fourth — Fines, penalties, ttc.
Fifth— Actions, prosecutions, &c.
Sixth— Officers eli'cted.
Seventh — Elections.
Eighth— Constitution in force and

effect.
Ninth— Repeal of Constitution of 1868

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Sec.
Sec.
Sec.
Sec.

Sec.
Sec.
Sec.

Sec,
Sec.
Sec.
Sec.

Sec,
Sec,

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Sri)e State of Sautl) alarolina:

At a Convention of the People of the
State of South CaroHna, begun and holden
at Columbia, on the Tenth day of Sep-
tember, in the year of our Lord one
thousand eight hundred and ninety-five,
and thence continued by divers adjourn-
ments to the Fourth day of December, in
the year of our Lord one thousand eight
hundred and ninety-five.

CONSTITUTION

OF THE

STATE OF SOUTH CAROLINA.

Preamble. We, the people of the State of South Caro-

lina, in Convention assembled, grateful to God
for our liberties, do ordain and establish this
Constitution for the preservation and perpetua-
tion of the same.

ARTICLE I.

DECLABATION OF BIGHTS.

Section 1. All political power is vested in and derived from political pow-
the people only, therefore they have the right at all times to mod- erin people.
ify their form of government.

Section 2. Repre.sentation in the House of Representatives Apportion-

i 11 i_ i- . 1- / . i. merit Repre-

snall be apportioned according to population. sentatives.

Section 3. The General Assembly ought frequently to assem- MeetinKGen-
ble for the redress of grievances and for making new laws, as the ^^^ ^'^"^ ^
common good may require.

Section 4. The General Assembly shall make no law respect- Religious
ing an establishment of religion or prohibiting the free exercise worship.
thereof, or abridging the freedom of speech or of the press; or the Freedom of
right of the people peaceably to assemble and to petition the Gov- ^^ '
ernment or any department thereof for a redress of grievances.

Section 5. The privileges and immunities of citizens of this privileges
State and of the United States under this Constitution shall not *°d immimi-
be abridged, nor shall any person be deprived of life, liberty or
property without due process of law, nor shall any person be de- Protection of
nied the equal protection of the laws. '*^*'^"

Section 6. All property subject to taxation shall be taxed in Taxation
proportion to its value.

Section 7. No tax, subsid.y, charge, impost tax or duties shall Notaxwith-
be established, fixed, laid or levied, under any pretext whatso- ""tc'i^ent.
ever, without the consent of the people or their representatives
lawfully assembled.

Section 8. No bill of attainder, ea;pos/;/acto law, law impair- Attainder—
ing the obligation of contracts, nor law granting any title of no- faw.^"" ''^^"^"'
bility or hereditary emolument, shall be passed, and no convic-
tion shall work corruption of blood or forfeiture of estate.

Section 9. The right of suffrage, as regulated in this Consti- suffrage.
tution, shall be protected by law regulating elections and prohib-
iting, under adequate penalties, all undue influences from power,
bribery, tumult or improper conduct.

Section 10. All elections shall be free and open, and every in- Elections
habitant of this State possessing the qualifications provided for in ^"^^^'^'^ °p^"-
this Constitution shall have an equal right to elect officers and be
elected to fill public office.

Section 11. No property qualification, unless prescribed in
this Constitution, shall be necessary for an election to or the hold- qi^imcations^
ing of any office. No person shall be elected or appointed to office
in this State for life or during good behavior, but the terms of all ^erm of office,
officers shall be for some specified period, except Notaries Public
and officers in the militia. After the adoption of this Constitu-
tion any person who shall fight a duel or send or accept a chal- Dueling.

lenge for that purpose, or be an aider or abettor in flighting a duel,
shall be deprived of holding any office of honor or trust in this
State, and shall be otherwise punished as the law shall prescribe.
Residence. SECTION 12. Temporary absence from the State shall not for-
feit a residence once obtained.
Suspension SECTION 13. The power of suspending the laws or the execu-
of laws. ^JQjj Qf ji^g jg^^^ gj^jjjj „j,jy ]3g exercised by the General Assembly

or by its authority in particular casas expressly provided for by it.
Departments SECTION 14. In the government of this State the legislative,
separate. executive and judicial powers of the Government shall be forever

separate and distinct from each other, and no person or persons
exercising the functions of one of said departments shall assume
or discharge the duties of any other,
courts-rem- SECTION 15. All Courts shall be public, and every person shall
*"*y- have speedy remedy therein for wrongs sustained.

Section 16. The right of the people to be secure in their per-
Searciies, seiz- sons, houses, papers and effects against unreasonable searches and
"'■^^- seizures shall not be violated, and no warrants shall issue but

upon probable cause, supported by oath or affirmation, and par-
ticularly describing the place to be searched and the person or
thing to be seized.

Section 17. No person shall be held to answer for any crime
where the punishment exceeds a fine of one hundred dollars or
imprisonment for thirty days, with or without hard labor, unless
Presentment on a presentment or indictment of a grand jury of the Oninty
of grand jury, ^j^p^j, j],^, crime sliall have been committed, except in cases aris-
ing in the land or naval forces or in the militia when in actual
Not tried service in time of war or public danger; nor shall any person be
*^'™' subject for the same offence to he twice put in jeopardy of life or

liberty, nor shall be compelled in any criminal case to be a wit-
Prtvate prop- ,-,gy^ against himself. Private property shall not be taken for pri-
vate use without the consent of the owner, nor for public use
without just compensation being first made therefor.
Section 18. In all criminal prosecutions the accused shall en-
Triai by jury. j,,y tj]g right to a speedy and public trial by an impartial jury ;
and to be fully informed of the nature and cause of the accusation;
Witnesses, (q be confronted with the witnesses against him ; to havecoiu|)ul-
sory process for obtaining witnesses in his favor, and to be fully
heard in his defence by himself or by his coun.sc^l or by l)oth.
Kxfcsbivebaii SECTION 10. Excesslve bail sliall not lie required, nor excessive
Corporal fl'i'"** imposed, nor cruel and unusual punishments inflicted, nor
punishment, shall witnesses l)c unreasonably detaiiietl. Corporal punishment
Contempt, shall not be inflicted. The pdwer to punish forcdiitemptshall not

in any ca.se extend to imprisonment in the Statt' pcniteatiarv.
Sureties. SECTION 20. All persons shall, before conviction, be l)ailal)le

by. sufficient sureties, except for capital offences when the proof is
evident or the presumption great.
Libel. Section 21. In all indictments or prosecutions for libel, the

truth of the alleged libel may be given in evidence, and the jury
shall be the judgcH of the law and the facts.

Section 22. Treason against the State shall consist alone in Treason.
levying war or in giving aid and comfort to enemies against the
State. No person sliall be held guilty of treason, except upon
testimony of at least two witnesses to the same overt act, or upon
confession in open Court.

Section 23. The privilege of the writ of habeas corpus shall Habeas
not be suspended unless when, in case of insurrection, rebellion or ^oi-pus.

invasion, the public safety may require it.

Section 24. No person shall be imprisoned for debt except in im prison-

^ ^ ^ Tneiil tor debt.

cases of fraud.

Section 25. The right of trial by jury shall be preserved in- Trial by jury,
violate.

Section 26. A well reguhxted militia being necessary to the
security of a free State, the right of the people to keep and bear beur'^arms!'""^'
arms shall not be infringed. As in times of peace armies are dan-
gerous to liberty, they shall not be maintained without the con- General As-
sent of the General Assembly. The military power of the State Wiaintain ar-
shall always be held in subordination to the civil authority and be '""^*''
governed by it. No soldier shall in time of peace be quartered in m^I'iered ''°™
any house without the consent of tlie owner, nor in time of war
but in the manner to be prescribed by law.

Section 27. No person shall in any case be subject to Martial Martial law.
law or to any pains or penalties by virtue of that law, except
those employed in the army and navy of Ihe United States, and
except the militia in actual service, but by the authority of the
General Assembly.

Section 28. All navigable waters shall forever remain puWic Navigable
highways free to the citizens of the State and the United States
without tax, impost or toll imposed ; and no tax, toll, impost or j^„ ^.^^ ^^^
wharfage shall be imposed, demanded or received from the own- use of wharf,
ers of any merchandise or commodity for the use of the shores or
any wharf erected on the shores or in or over the waters of any
navigable stream unless the same be authorized by the General
Assembly.

Section 20. The provisions of the Constitution shall be taken, Provisionsof
deemed and construed to be mandatory and prohibitory, and not
merely directory, except where expressly made directory or per-
missory by its own terms.

ARTICLE II.

BIGHT OF SUFFRAGE.

Section 1. All elections by the people shall be by ballot, and Elections by
elections shall never be lield or the ballots counted in secret. ballot.

Qiialiflcatiun
for office.

Two offices.

Electors.

Residence.

Registration.

Qualification
for reg i s t r a-
lion np to.lan-
uary, IS'JU.

List of regis-
tered voters.

(lualllication
for rr ix is t ra-
tion atlci- .Jan-
uary, 1808.

Payment of
taxes neces-
sary for voting

Section 2. Every qualified elector shall be eligible to any of-
fice to be voted for, unless discjualifled by age, as prescrilied in
this Constitution. But no person shall hold two offices of honor
or profit at the same time: Provided, That any person holding
another ofiice may at the same time be an officer in the militia or
a Notary Public.

Section 3. Every male citizen of this State and of the United
States twenty-one years of age and upwards, not laboring under
the disabilities named in this Constitution and possessing the
qualifications required by it, shall be an elector.

Section 4. The qualifications for .suffrage shall be as follows:

(a) Residence in the State for two years, in the County one
year, in the polling precinct in whicli the elector offers to vote
four months, and the payment six months before any election of
any poll tax then due and payable: Provided, That ministers
in charge of an organized church and teachers of public schools
shall be entitled to vote after six months' residence in the State,
otherwise qualified.

(6) 'Registration, which shall provide for the enrollment of
every elector once in ten years, and also an enrollment during
each and every year of every elector not previously registered
under the provisions of this Article.

(c) Up to January 1st, 1898, all male persons of voting age
applying for registration who can read any Section in this Consti-
tution submitted to thein by the registration officer, or understand
and explain it when read to them by the registratioii officer, shall
be entitled to register and become electors. A separate record of
all persons registered before January 1st, is;)s, sworn to by the
registration officer, shall be filed, one copy with the Clerk of
Court and one in the office of the Secretary of State, on or before
February 1st, ISDs, and such jiersoiis shall remain during life qual-
ified electors unless disqualified by the other provisions of this
Article. The certificate of the Clerk of Court or Secretary of
State shall be sufficient evidence to establish the right of said citi-
zens to any suliscniuent registration and the franchise under the
limitations herein imposed.

(d) Any person who shall apply for registration after January
1st, 1S!)S, if otherwise qualified, shall be registered: Provided,
That he can both read and write any Section of this Constitution
submitted to him by the registration officer or can show that he
owns, and has paid all faxes collectible during the previous year
on property in this .State assessed at three hundred dollars (.•s:^,oo)
or more.

(e) ^Managers of election shall require of every elector offering
to vote at any election, before allowing him fci vcjfe, proof of the
payment of all taxes, including poll tax, assessed again.st him and
collectible during the previous year. The production of a cer-

tiflcateor of the receipt of the officer authorized to collect such
taxes shall be conclusive proof of the payment thereof.

(/) The General Assembly shall provide lor issuing to each
duly reji:istered elector a certificate of registration, and shall pro- regfsaratkjn"'
vide for the renewal of such certificate when lost, mutilated or
destroyed, if the applicant is still a qualified elector under the
provisions of this Constitution, or if he has been registered as
provided in subsection (c).

Section o. Any person denied registration shall have the
right to appeal to the Court of Common Pleas, or any Judge ^^pp^iI-
thereof, and thence to the Supreme Court, to determine his right
to vote under the limitations imposed in this Article, and on such
appeal the hearing shall be de novo, and the General Assembly
shall provide by law for such appeal, and for the correction of against "c?ec-
illegai and fraudulent registration, voting, and all other crimes tion laws,
against the election laws.

Section 6. The following persons are disqualified from being
registered or voting:

First, Persons convicted of burglary, arson, obtaining goods or

money under false pretenses, perjury, forgery, robbery, bribery, qiiaTifl'eciVom
adultery, bigamy, wife-beating, house-breaking, receiving stolen "^"""s-
goods, breach of trust with fraudulent intent, fornication, sodomy,
incest, assault with intent to ravish, miscegenation, larceny, or
crimes against the election laws : Provided, That the pardon of
the Governor shall remove suc.'h disqualification.
-^ Second, Persons v/ho are idiots,- insane, paupers supported at
the public expense, and persons confined in any public prison.

Section 7. For the purpose of voting, no person shall be
cleetned to have gained or lost a residence by reason of his pres- ga'i'nodor "ost^
ence or absence while employed in the service of the United
States, nor while engaged in the navigation of the waters of this
State, or of the United States, or of the high seas, nor while a
student of any institution of learning.

Section 8. The General Assembly shall provide by law for Rej^istration

provided

the registration of all qualified electors, and shall prescribe the
manner of holding elections and of ascertaining the results of
the same : Provided, At the first registration under this Consti- Elections.
tution, and until the first of .January, 1898, the registration shall
be conducted by a Board of three discreet persons in each County, Board of reg-
to be appointed by the Governor, by and with the advice and i^t^rat'o"-
consent of the Senate. For the first registration to be provided
.for under this Constitution, the registration books shall be kept . Books of reg-
open for at least six consecutive weeks; and thereafter from time
to time at least one week in each month, up to thirty days next
preceding the first election to be held under this Constitution.
The registration books shall be public records open to the inspec-
tion of any citizen at all times.

Polling pre- SECTION 9. The General Asseinhly shall provide for the estab-
lishment of polling precincts in the several Counties of the State,
and those now existinti- shall so continue until abolished or
changed. Each elector shall he required to vote at his own pre-
cinct, but provision shall he made for his transfer to another pre-
cinct ui>on his change of residence.

rrimary elec- SECTION 10. The General Assembly shall provide by law for

tion.s. the regulation of party primary elections and punishing fraud at

the same.
Section 11. The registration books shall close at least thirty

o?r?^."tratioiK days before an election^ during which time transfers and registra-

tion shall not be legal : Provided, Persons who will become of

age during that period shall l)e entitled to registration before the

books are closed.

Municipal SECTION 12. Electors in municipal elections shall possess the

elections. qualifications and be subject to the disqualifications herein pre-

scribed. The production of a certificate of registration from the
registration officers of the County as an elector at a i)recinct in-
cluded in the incorjiorated city or town in which the voter desires
to vote is declared a condition prerefiuisite to his obtaining a cer-
Rcgistiation tificate of registration for njunicipal elections, and in addition he

'"• must have been a resident within the corporate limits at least four

months before the election and have paid all taxes due and c>)l-

lectible for the [jreceding fiscal year. The General Assembly shall

provide for the registration of all voters before each election in

municipalities: Provided, That nothing herein contained shall

apply to any municipal elections which may be held prior to the

general election of the year 1896.

Si'XrnoN 18. In authorizing a special election in any incorpo-

Bonrifid debt felted city or town in this State for the purpose of bonding the

in niunieipaii- same, the General Assemblv shall prescribe as a condition prece-
tie.s. ' ' ' '

dent to the holding of said election a petition Irom a majority of

the freeholders of said city or town as shown by its tax hooks,
and at such elections all electors of such I'ity or town who are
duly qualified for voting under .Sirtion 12 of this Article, and
who have paid all taxes, State, County and municipal, for the
previous year, shall be allowed to vote; and the vote of a major-
ity of those voting in said election shall be necessary to authorize
the issue of said bonds.
Arrests of SECTION 14. Electors shall in all cases except treason, felony,

electors. ^^ ^ breach of the peace, be pri vilegetl from arrest on the days of

election during their attendance at the polls, and going to and re-
turning therefrom.
Section 15. No power, civil or military, shall at any time in-

fr<^'lfreef ''"'" terfere to prevent the free exercise of the right of suffrage in this
State.

Number of

13
ARTICLE III.

LEGISLATIVE DEPARTMENT.

Section l. Ttie legislative power of this State shall he vested Lc?gisiative
in two distinct branches, the one to be styled the "Senate" and p""'"-
the otiier the "House of Be|)rpsentatives," and both together the
"General Assembly of the State of South Carolina."

Section 2. The House of Representatives shall be composed House of Re-
of members chosen by ballot every second year by citizens of this p'*"''"'^*''^'^'^-
State, qualified as in this Constitution is provided.

Section 3. The House of Representatives shall consist of one
hundred and twenty-four members, to be apportioned among the meii'i'bnrs.'
several (bounties according to the number of inhabitants contained
in each. Each County shall constitute one Election District. An
enumeration of the inhabitants for this purpose shall be made in
the year nineteen hundred and one, and shall be made in the ofiniiawtants.
course of every tenth year thereafter, in sucli manner as shall be
by law directed: Provided, That the General Assembly may at
any time, in its discretion, adopt the immediately preceding
United States Census as a true and correct enumeration of the in-
habitants of the several CJounties, and make the apportionment of
Representatives among the several Counties according to said
enumeration: Provided, further, Tliat until the apportionment
which shall be made upon the next enumeration shall talce effect, Apportion-
the representation of the several Counties as they now exist (in- "^™'-
eluding the County of Saluda established by ordinance) shall be
as follows: Abbeville, 5; Aiken, 3; Anderson, 5 ; Barnwell, 5 ;
Beaufort, 4; Berkeley, 4; Charleston, 9; Chester, 3; Chesterfield,
2; Clarendon, 3; Colleton, 4 ; Darlington, 3; Edgefield, 3; Fair-
field, 3 ; Florence, 3 ; Georgetown, -1 ; Greenville, 5 ; Hampton, 2 ;
Horry, 2; Kersliaw, 2 ; Lancaster, 2; Laurens, 3; Lexington, 2;
Marion, 3; Marlt>oro, 3; Newberry, 3; Oconee, 2 ; Orangeburg, 5;
Pickens, 2; Richland, 4; Saluda, 2; Spartanburg, 6 ; Sumter, 5;
Union, 3; Williamsburg, 3 ; York, 4: Provided, further, Thut in
the event other Counties are hereafter established, then the Gen-
eral Assembly shall reapportion the Representatives between the
Counties.

Section 4. In assigning Representatives to the several Couii-
ties, the General Assembly shall allow one Representative to ^Assignment

,,,-, i^jii. .of Representa-

every one hundred and twenty-fourth part of the whole number tives.
of inhabitants in the State: Provided, That if in the apportion-
ment of Representatives any County shall appear not to be en-
titled, from its population, to a Representative, such County shall,
nervertheless, send one Representative ; and if there be still a
deficiency in the number of Representatives required by Section
third of this Article, such deficiency shall be supplied by assign-

Senate.

Qualification
of Sen a t o rs
and members
of House.

Election of
Senators and
R e p r e senta-
tives.

ing Representatives to those Counties having the largest surplus
fractions.

Apportion- SECTION 5. No apportionment of Representatives shall take
^g^^"' '*''''« ei- effect until the general election which shall succeed such appor-
tionment.

Section 6. The Senate shall be composed of one member from
each County, to be elected for the term of four years by the qual-
ified electors in each County, in the .same manner in which mem-
bers of the House of Representatives are chosen.

Section 7. Xo person shall be eligible to a seat in the Senate
or Hou.se of Repr&sentatives who, at the time of his election, is
not a duly qualified elector under this Constitution in the County
in which he may be chosen. Senators .shall be at least twenty-
flve and Representatives at least twenty-one years of age.

Section h. The first election for members of the House of
Representatives under this Constitution shall be held on Tuesday
after the first Monday in November, eighteen hundred and nine-
ty-six, and in every second year thereafter, in such manner and at
such places as the General Assembly may prescribe; and the first
election for Senators shall be held on Tuesday after the first Mon-
day in November, eighteen hundred and ninety-six, and every
fourth year thereafter, except in Counties in which there was an
election for Senator in eighteen hundred and ninc^ty-four for a full
term, in which Counties no election for Senator shall be held until
the general election to be held in eighteen hundred and ninety-
eight, and every fourth year thereafter, except to fill vacancies.
Senators shall be so classified that one-half of their number, as
nearly as practicable, shall be chosen every two years. Whenever
the General Assembly shall establish more than one County at
any .session, it shall so prescribe the first term of theSenators from
such Counties as to observe .such cla.ssiflcation.

Section 9. The annual session of the General Assembly here-
tofore elected, fixed by the Constitution of the year eighteen hun-
dred and sixty-eight to convene on the fourth Tuesday of Novem-
ber, in the year eighteen hundred and ninety-five, is hereby post-
poned, and the same shall be convened and held in the city of
Columbia on the second Tuesday of January, in the year eighteen
hundred and ninety-six. The first session of the Crcneral Assem-
bly elected under this Constitution .shall convene in Columbia on
the second Tuesday in January, in the year eighteen hundred and
ninety-seven, and thereafter annually ;it the same time and place.
Should the casualties of war or contagious disease render it un-
safe to meet at the seat of government, then the Governor itiav

Compensa- , i i- • j ■■..iiivM ma^ ,

tion of mem- by proclamation, appoint a more secure and convenient place of

'""'"°''- meeting. Members of the (ieneral Assembly shall not receive

any compensation for more than forty days of any one session :

Class! flca-
tion of Sena-
tors.

Ses sions
General As-
sembly.

Provided, That this limitation shall not effect the first four ses-
sions of the General Assembly under this Constitution.

Section 10. The terms of office of the .Senators and Represen- Ace^''"'"' "'^ °'^"
tatives chosen at a general election shall begin on the Monday fol-
lowing such election.

Section U. Each house shall judge of the election returns Election re-
and qualifications of its own members, and a majority of each
house shall constitute a quorum to do business; but a smaller Quorum,
number may adjourn from day to day, and may compel the at-
tendance of absent members, in such manner and under such pen- bers!™' ™'""'
alties as may be provided by law or rule.

Section 12. Each house shall choose its own officers, deter- "fflc^rs.
mine its rules of procedure, punish its members for disorderly be- Kuies.
havior, and, with the concurrence of two-thirds, expel a member. Expulsion.
but not a second time for the same cause.

Section 13. Each house may punish by imprisonment during Right ot pun-
its sitting any person not a member who shall be guilty of disre- '^'""^"*-
spectto the house by any disorderly or contemptuous behavior in
its presence, or who, during the time of its sitting, shall threaten
harm to the body or estate of any member for anything said or
done in either house, or who shall assault any of them therefor,
or who shall assault or arrest any witness or other person ordered
to attend the house in his going thereto or returning therefrom,
or who shall rescue any person arrested by order of the house :
Provided, That such time of imprisonment shall not in any case
extend beyond the session of the General Assembly.

Section 14. The members of both houses shall be protected in Mcmbera pro-
their persons and estates during their attendance on, going to and
returning from the General Assembly, and ten days previous to
the sitting and ten days after the adjournment thereof. But these
privileges shall not protect any member who shall be charged with
treason, felony or breach of the peace.

Section 15. Bills for raising revenue shall originate in the bius lor rev-

enue.

House of Representatives, but may be altered, amended or re-
jected by the Senate; all other Bills may originate in either house, other bius.
and may be amended, altered or rejected by the other.

Section 16. The style of all laws shall be: "Be it enacted by style of laws.
the General Assembly of the State of South Carolina."

Section 17. Every Act or resolution having the force of law
shall relate to but one subject, and that shall be expressed in the 0°" subject.
title.

Section 18. No Bill or Joint Resolution shall have the force
of law until it shall have been read three times and on three sev- of Act™''''^'^^
eral days in each house, has had the Great Seal of the State affixed
to it, and has been signed by the President of the Senate and the
Speaker of the House of Representatives: Provided, That either
branch of the General Assembly may provide by rule for a first

Ifi

and third reading of any Bill or Joint Resolution bj' its title
only.
Mileage. SECTION 19. Each member of the (ieneral Assembly shall re-

ceive five cents for every mile for ordinary route of travel in
goinw to and returning froin the place where its sessions are held ;
Increase of no General Assembly shall have the power to increase tlie per
pel lem. fiiem of its own members ; and members of the General Assembly
Extra session. When convened in extra session shall receive the same compensa-
tion as is fixed by law for the regular session.

Section 20. In all elections by the General Assembly, or
Elections either house thereof, the members shall vote '^viva voce," and
their votes, thus given, shall be entered upon the journal of the
house to which they respectively belong.

Adjournments SECTION 21. Neither house, during the session of the General
Assembly, shall, without the consent of the other, adjourn for
more than three days, nor to any other place than tliat in which
it shall be at the time sitting.

Journal. SECTION 22. Each house shall keep a journal of its own pro-

ceedings, and cause the same to be published immediately after its
adjournment, excepting such parts as, in its judgment, inay re-

"Yeas" and quire secrecy ; and the yeas and nays of the members of either

nays. house, on any question, shall, at the desire of ten men\bers of the

House or five members of the Senate, respectively, be entered on
the journal. Any member of either house shall have liberty to
dissent from and protest against any Act or re,solution which he
may think injurious to the public or to an individual, and have
the reasons of his dissent entered on the journal.

Doors open SECTION 23. The doors of each house shall be Open, except on

such occasions as in the opinion of the House may require secrecy.

Section 24. No person shall be eligible to a seat in the Gen-

Holdingtwo , , , , , ., , 1 , T ,,1

otfices. eral Assembly while he holds any office or position of profit or

trust under this State, the United States of America, or any of
them, or under any other power, except officers in the militia and
Notaries Public ; and if any member shall accept or exercise any
of the .said disqualifying offices or positions he shall vacate his
seat.

Section 25. If any election district shall neglect to choose a
member or members on the day of election, or if any person
chosen a member of either house shall refuse to qualify and take
Vacancies, his seat, or shall resign, die, depart the State, accept any disquali-
fying office or position, or become otherwise disqualified to hold his
seat, a writ of election shall be issued by the President of the Sen-
ate or Speaker of the House of Representatives, as the case may
be, for the purpose of filling the vacancy thereby occasioned for
theremainder of the term for which the person so refusing to qual-
ify, resigning, dying, departing the State, or becoming disquali-

fled, was elected to serve, or the defaulting election district ought
to have chosen a member or members.

Section 26. Members of the General Assembly, and all offi-
cers before they enter upon the duties of their respective offices,
and all members of the bar, before they enter upon the practice of
their profession, shall take and subscribe the following oath : "I oath of office,
do solemnly swear (or affirm) that I am duly qualified, according
to the Constitution of this State, to exercise the duties of the of-
fice to which I have been elected, (or appointed, ) and that I will,
to the best of my ability, discharge the duties thereof, and pre-
serve, protect, and defend the Constitution of this State and of the
United States. I do further solemnly swear (or affirm) that J
have not since the first day of January, in the year eighteen hun-
dred and eighty-one, engaged in a duel as principal or second or
otherwise ; and that I will not, during the term of office to which
1 have been elected (or appointed) engage in a duel as principal or
second or otherwise. So help me God."

Section 27. Officers shall be removed for incapacity, miscon- Eemovai ot
duct or neglect of duty, in such manner as may be provided by °ffl<=<"'.
law, when no mode of trial or removal is provided in this Con-
stitution.

Section 28. The General Assembly shall enact such laws as
will exempt from attachment, levy and sale under any mesne or
final process issued from any Ctourt, to the head of any family re-
siding in this State, a liomestead in lands, whether held in fee or Homestead,
any lesser estate, to the value of one thousand dollars, or so much
thereof as the property is worth if its value is less than one thou-
sand dollars, with the yearly products thereof, and to every head
of a family residing in this State, whether entitled to a homestead
exemption in lands or not, personal property to the value of five
hundred dollars, or so much thereof as the property is worth if
its value is less than five hundred dollars. The title to the home-
stead to be set oft' and assigned shall be absolute and be forever
discharged from all debts of the said debtor then existing or
thereafter contracted except as hereinafter provided : Provided,
That in case any woman having a separate estate shall be married Married wo-
to the head of a family who has not of his own sufficient prop- tion.' ** ^'''^™''
erty to constitute a homestead as hereinbefore provided, said
married woman shall be entitled to a like exemption as provided
for the head of a family : i'rot)icfed,/Mr(;Aer, That there shall not
be an allowance of more than one thousand dollars' worth of real
estate and more than five hundred dollars' worth of personal
property to the husband and wife jointly: Provided, further.
That no property shall be exempt from attachment, levy or sale Taxes.
for taxes, or for payment of obligations contracted for the pur- purchase
chase of said homestead or personal property exemption or the money,

erection or making of improvements or repairs thereon : JVo- Yearly pro-
vided, further. That the yearly products of said homestead shall

not be exempt from attachment, levy or sale for the payment of
obligfations contracted in the production of the same: Provided,
Waiver. further. That no waiver shall defeat the right of homestead before
assignment except it be bj' deed of conveyance, or by mortgage,
and only as against the mortgage debt; and no judgment cred-
itor or other creditor whose lien does not bind the homestead
shall have any right or equity to require that a lien which em-
braces the homestead and other property shall first exhaust the
Deedofhus- homestead: Provided, further, That after a homestead in lands
band and wife, has been set off and recorded the same shall not be waived by
deed of conveyance, mortgage or otherwise, unless the same be
executed by both husband and wife, if both be living : Provided,
Exemption further. That any person not the head of a family shall be enti-
so'n!""^''^ '""' tied to a like exemption as provided for the head of a family in
all necessary wearing apparel and tools and implements of trade,
not to exceed in value the sum of three hundred dollars.
Taxes laid SECTION 29. All taxes upon property, real and personal, shall
vai'ue.**^'"^' be laid upon the actual value of the property taxed, as the same
shall be ascertained by an assessment made for the purpose of
laying such tax.
Extra com- SECTION 30. The General Assembly shall never grant extra
permit't"d. "°' Compensation, fee or allowance to any public officer, agent, ser-
vant or contractor after service rendered, or contract made, nor
authorize payment or part payment of any claim under any con-
Appropria- tract not authorized by law ; but appropriations may be made for
u\°g''invasi'on" expenditures in repelling invasion, preventing or suppressing in-
surrection.
Public lands SECTION 31. Lands belonging to or under the control of the
State shall never be donated, directly or indirectly, to private cor-
porations or individuals, or to railroad companies. Nor shall
such land be sold to corporations or associations, for a less price
than that for which it can be sold to individuals. This, however,
shall not prevent the General A.ssoinbly from granting a right of
way, not exceeding one hundred and tifty feet in width, as a mere
easement to railroads across State lauds, nor to interfere with the
discretion of the General Assembly in confirming the title to
lands claimed to belong to the State, but used or pos.sessed bv oth-
er parties under an adverse claim.

salary of de- SECTION 32. The General Assembly shall not authorize pay-
ceased officer, nieiit to any person of tlie salary of a deceased officer beyond the
tlate of his death; nor grant pen.sions except for military and
navy service ; nor retire any officer on pay or part pay.
Marriage of SECTION 33. The marriage of a white person with' a negro or
groes!"'""*"*^ mulatto, or person who shall have one-eighth or more negro
_, ' J .^ blood, shall be unlawful and void. No unmarried woman shall
tmM.ui"!: '"" legally consent to .sexual intercourse who shall not have attained
the ago of fourteen years.

Section 34. The General Assembly of this State shall not en- special laws
act local or special laws concerning any of the following subjects '"°
or for any of the following purposes, to wit :

I. To change the names of persons or places.

II. To lay out, open, alter or work roads or highways.

III. To incorporate cities, towns or villages, or change, amend
or extend the charter thereof.

IV. To incorporate educational, religious, charitable, social,
manufacturing or banking institutions not under control of
the State, or amend or extend thef;harters thereof.

V. To incorporate school districts.

VI. To authorize the adoption or legitimation of children.

VII. To provide for the protection of game.

VIII. To summon and empanel grand or petit jurors.

IX. To provide for the age at which citizens shall be subject to
road or other public duty.

X. To fix the amount or manner of compensation to be paid
to any County officer except that the laws may be so made as to
grade the compensation in proportion to the population and ne-
cessary service required.

XI. In all other cases, where" a general law can be made appli-
cable, no special law shall be enacted.

XII. The General Assembly shall forthwith enact general laws
concerning said subjects for said purposes, which shall be uniform
in their operations : Provided^ That nothing contained in this
Section shall prohibit the General Assembly from enacting special
provisions in general laws.

XIII. The provisions of this Section shall not apply to chari-
table and educational corporations where, under the terms of a
gift, devise, or will, special incorporation may be required.

Section .55. It shall be the duty of the General Assembly to Lands
enact laws limiting the number of acres of land which any alien ^^ ^i' aliens,
or any corporation controlled by aliens may own within this
State.

own-

ARTICLE IV.

EXECUTIVE DEPARTMENT.

Section 1. The supreme executive authority of this State
shall be vested in a Chief Magistrate, who shall be styled ''The trate.
Governor of the State of South Carolina."

Section 2. The Governor shall be elected by the electors duly Governor
qualified to vote for members of the House of Representatives,
and shall hold his office for two years, and until his successor
shall be chosen and qualified, and shall be re-eligible. He shall

be elected at the first general election held under this Constitu-
tion for members of the General Assembly, and at each general
election thereafter, and shall be installed during the first session
of the said General Assembly after his election, on such day as

state officers, shall be provided by law. The other State officers-elect shall at
the same time enter upon the performance of their duties.
Quaiitica- SECTION 3. No person shall be eligible to the oflice of Governor

eniOT "^ ^°^' ^*^" denies the existence of the Supreme Being ; or who at the
time of such election has not attained the age of thirty years ;
and who shall not have been ij citizen of the United States and a
citizen and resident of this State for five years next preceding the
day of election. No person while governor shall hold any office
or other commission (except in the militia) under the authority of
this State, or of any other power, at one and the same time.
Section 4. The returns of every election for Governor shall
Boards of 5^ sealed up by the Boards of C'anvassers in the respective Coun-

Canvassers i^ .' 1 . 1 .

transrnit re- ties, and transmitted, by mail, to the seat of Government, di-
tion^for r.nv- rected to the Secretary of State, who shall deliver them to the
ernor. Speaker of the House of Representatives at the next ensuing ses-

sion of the General Assembly ; and duplicates of said returns
shall be filed with the Clerks of the Courts of said Counties. It
shall be the duty of any Clerk of Court to forward to the Secre-
tary of State a certified copy of said returns upon being notified
that the returns previously forwarded by mail have not been
received at his office. It shall be the duty of the Secretarj' of
State, after the expiration of seven days from the day upon which
the votes have been canvassed by the County Board, if the
returns thereof from any County have not been received, to
notify the Clerk of the Court of said County, and order a copy of
the returns filed in his office to be forwarded forthwith. The Sec-
1 i'^T™ d '^'tt retary of State shall deliver the returns to the Speaker of the
House 01'' Rep* ^ouse of Representatives, at the next ensuing session of the Gen-
resentatives. eral Assembly; and during the first week of the session, or as
soon as the General Assembly shall have organized by the elec-
tion of the presiding officers of the two liouses, tlie Speaker shall
open and publish them in the presence of both houses. The per-
son having the highest number of votes shall be Governor ; but if
two or more shall be equal, and highest in votes, the General
Assembly shall during the same session, in the House of Repre-
Coniested sentatives, choose one of them Governor rivK voce. Contested
elections for Governor shall be determined by the General Assem-
bly in such manner as shall be prescribed by law.
Lieutenant SECTION r,. A Lieutenant Governor siiall be chosen at the
Governor. same time, in the same manner, continue in office for the same
period and be possessed of the same qualifications as the Gov-
ernor, and shall e.v officio, be President of the Senate.
v.iteotLieu- Sb;( TicN 0. The Lieutenant Governor while presiding in the
teiiaut Gover- y^j^j^j^, ^i^^jj jj^^g m, ^,,jtg_ Unless the Senate be equally divided.

Section 7. The Senate shall, as soon as practicable after the President pro
convening of the General Assembly, choose a President pro tern- '■^^p'>i'<^°^*^^'^-
pore to act in the absence of the Lieutenant Governor, or when he
shall fill the office of CJovernor.

Section 8. A member of the Senate acting as Governor or Momber of
Lieutenant Governor shall thereupon vacate his seat and another as cfo'^ei™'"^
person shall be elected in his stead.

Section 9. In case of the removal of the Governor from office vacancy in
by impeachment, death, resignation, disqualification, disability, ernor or i^cu-
or removal from the State, the Lieutenant Governor shall then be no5?^"how°mi-
Governor ; and in case of the removal of the last named officer '^'*-
from his office by inipeachment, death, resignation, disqualifica-
tion, disability, or removal from the State, the President pro tem-
pore of the Senate shall be Governor ; and the last named officer
shall then forthwith, by proclamation, convene the Senate in
order that a President pro tempore may be chosen. In case the
Governor be impeached, the Lieutenant Governor shall act in his
stead and have his powers until judgment in the case shall have
been pronounced. In case of the temporary disability of the
Governor the Lieutenant Governor shall perform the duties of
the Governor.

Section 10. The Governor shall be Commander-in-Chief of .C!o™.™/nder-

m-Chiei.

the militia of the State, except when they shall be called into the
active service of the United States.

Section U. He shall have power to grant reprieves, com-
mutations and pardons after conviction (except in cases of im-
peachment), in such manner, on such terms and under such
restrictions as he shall think proper; and he shall have power Pardons,
to remit fines and forfeitures, unless otherwise directed by law.
It shall be his duty to report to the General Assembly, at the next
regular session thereafter, all pardons granted by him, with the
report of the Board of Pardons. Every petition for pardon or
commutation of sentence may be first referred by him to a Board
of Pardons, to be provided by the General Assembly, which ^^ rdofPar-
Board shall hear all such petitions under such rules and regu- dons.
lations as the General Assembly may provide. The Governor
may adopt the recommendations of said Board, but in case he
does not he shall submit his reasons to the General Assembly.

Section 12. He shall take care that the laws be faithfully ex- Laws exe-

, , . . cuted.

ecuted in mercy.

Section 13. The Governor and Lieutenant Governor shall, at tion o™Sover-
stated times, receive for their services compensation, which shall fen'an't'^GovCT-
be neither increased nor diminished during the period for which nor.
they shall have been elected.

Section 14. All officers in the Executive Department, and all officers and
Boards of public institutions, shall, when required by the Gov- to^Gove/nm™ '
ernor, give him information in writing upon any subject relating
to the duties of their respective offices or the concerns of their

sions.

respective institutions, including itemized accounts of receip <3
and disbursements.
Information SECTION 15. Tlie Governor shall, from time to time, give to
to Legislature, the General Assembly information of the condition of the State,
and recommend for its consideration such measures as he shall
deem necessary or expedient.
Section 16. He may on extraordinary occasions convene the
Extra ses- General Assembly in extra session. Should either house remain
without a quorum for five days, or in case of disngreement be-
tween the two houses during any session with respect to the time
Governor of adjournment, he may adjourn them to such time as he shall
atnerarA"- think proper, not beyond the time of the annual session then next
sembly. ensuing.

Commissions. SECTION 17. He shall commission all officers of the State.
Seal of state SECTION 18. The Seal of the State now in use shall be used by
the Governor officially, and shall be called "The Great Seal of the
State of South Carolina."
Graiits and SECTION 19. All grants and commissions shall be issued in the
commissions, ^^me and by the authority of the State of South Carolina, sealed
with the Great Seal, signed by the Governor, and countersigned
by the Secretary of State.
Oath of Gov- Section 20. The Governor and Lieutenant Governor, before
L^ieutenan't ^^'itering upon the duties of their respective offices, shall take and
Governor. subscribe the oath of office as prescribed in Article III, Section
26, of the Constitution.
Residence of SECTION 21. The Governor shall reside at the Capital of the
Governor. State, except in cases of contagion or the emergencies of war ;
but during the sittings of the General Assembly he shall reside
where its sessions are held.

Section 22. Whenever it shall be brought to the notice of the
Governor by affidavit that any officer who has the custody of
public or trust funds is probably guilty of embezzlement or the
appropriation of public or trust funds to private use, then the
Governor shall direct his immediate prosecution by the proper
Suspension off'^^'r, and upon true bill found the Governor shall suspend such
of officers. officer and appoint one in his stead, until he shall have been ac-
quitted by the verdict of a jury. In case of conviction the office
shall be declared vacant and the vacancy tilled as may be pro-
vided by law.
R?so'iuu'on Section 23. Every Bill or Joint Resolution -.vhich shall have
must be sign- passed the General A.s,sembly, except on a question of adjourn-
by the Gotct- ™ent, shall, before it becomes a law, be presented to the Gov-
"<"■. ernor, and if he approve he shall sign it; if not, he shall return

it, with his objections, to the house in which it originated, whiuh
shall enter the objection at large on its Journal and proceed to
reconsider it. If after such reconsideration two-thirds of that
house shall agree to pass it, it shall be sent, together with the ob-
jections, to the other house, by which it shall be reconsidered,

and if approved by two-thirds of that house it shall have the
same effect as if it had been signed by the Governor; but in all
such cases the vote of both houses shall be taken by yeas and
nays, and the names of the persons voting for and against the
Bill or Joint llesolution shall be entered on the Journals of both
houses respectively. Bills appropriating money out of the Treas-
ury shall specify the objects and purposes for which the same are
made, and appropriate to them respectively their several amounts
in distinct items and Sections. If the Governor shall not approve
any one or more of the items or Sections contained In any Bill,
but shall approve of the residue thereof, it shall become a law as
to the residue in like manner as if he had signed it. The Gov-
ernor shall then return the Bill with his objections to the items
or Sections of the same not approved by him to the house in
which the Bill originated, which house shall enter the objections
at large upon its Journal and proceed to reconsider so much of
said Bill as is not approved by the Governor. The same proceed-
ings shall be had in both houses in reconsidering the same as is
provided in case of an entire Bill returned by the Governor with
his objections; and if any item or Section of said Bill not ap-
proved by the Governor shall be passed by two-thirds of each
house of the General Assembly, it shall become apart of said law
notwithstanding the objections of the Governor. If a Bill or
Joint Resolution shall not be returned by the Governor within
three days after it shall have been presented to him, Sundays ex-
cepted, it shall have the same force and effect as if he had signed
it, unless the General Assembly, by adjournment, prevent its re-
turn, in which case it shall have such force and efiect unless re-
turned within two days after the next meeting.

Section 24. There shall be elected by the qualified voters of otiKr state
the State a Secretary of State, a Comptroller-General, an Attor- offl^ere.
ney-General, a Treasurer, an Adjutantand Inspector-General, and
a Superintendent of Education, who shall hold their respective
offices for the term of two years, and until their several successoi's
have been chosen and qualified ; and whose duties and compensa-
tion shall be prescribed by law. The compensation of such
officers shall be neither increased nor diminished during the
period for which they shall have been elected.

ARTICLE V.

JUDICIAL DEPARTMENT.

Section 1 . The judicial power of this State shall be vested in judicial
a Supreme Court, in two Circuit Courts, to wit: A Court of Com- Fn^^c'erTafn
mon Pleas having civil jurisdiction and a Court of General Ses- Courts.

sions with criminal jurisdiction only. The General Asisenibly
may also establish County Courts, Municipal Courts and such
Courts in any or all of the Counties of this State inferior ti) Cir-
cuit Courts as may be deemed necessary, but none of such Courts
shall ever be invested with jurisdiction to try cases of murder,
manslaughter, rape or attempt to rape, arson, common law
burglary, bribery or perjury: Provided, Before a County Court
shall be established in any County it must be submitted to the
qualified electors and a majority of those voting must vote for its
establishment.
Supreme SECTION 2. The Supreme Ctourt shall consist of a Chief .Justice

Court. ^„jj ^[^^gg Associate Ju.stices, any three of whom shall constitute

a quorum for the transaction of business. The Chief Justice shall
preside, and in his absence the senior Associate .Justice. They
shall be elected by a joint viva voce vote of the General Assembly
for the term of eight years, and shall continue in office until their
successors shall be elected and qualified, and shall be so classified
that one of them shall go out of office every two years.
Present Chief SECTIONS. The present Chief .Justice and Associate Justices

iTsoc^ate'jus^- of ^^e Supreme Court are declared to be the Chief Justice and two

tice. of the Associate Justices of said Court as herein established until

the terms for which they were elected shall expire, and the (ien-
eral Assembly at its next session shall elect the third Associate
Justice and make suitable provision for accomplishing the classi-
fication above directed.
Jurisdiction SECTION 4. The Supreme Court shall have power to issue writs

Coul't"'"^''""' or orders of injunction, mandamus, quo warranto, prohibition,
certiorari, habeas corpus and other original and remedial writs.
And said Court shall have appellate jurisdiction only in cases of
chancery, and in such appeals they shall review the findings of
fact as well as the law, except in chancery cases where the facts
are settled by a jury and the verdict not set aside, and shall con-
stitute a C^ourt for the correction of errors at law under such reg-
ulations as the General Assembly may by law prescribe.
Held twice a SECTION 5. The Supreme Court shall be held at least twice in

taT"^ **' '''*'"" each year at the seat of government and at such other place or
places in the State as the General Assembly may direct.
DisquaMHca- SECTION 6. No Judge shall preside at the trial of any cause in

i'n"ce/uiMi ^^^^^'^"*°*^^'^''^^^ ^® ™*y '^^ interested, or when either of the

cases. parties shall be connected with him by affinity or consanguinity,

within such degrees as may be prescribed by law, or in which he
may have been counsel or have presided in any inferior Court.
In ease all or any of the Justices of the Supreme Court shall be
thus disqualified, or be otherwise prevented from presiding in
any cause or causes, the Court or the Justices thereof shall certify
the same to the Governor of the State, and he shall immediately
„ . , commission, specially, the requisite number of men learned in the

howniied. ' law for the trial and determination thereof. The same course

shall be pursued In the Circuit and inferior Courts as is prescribed
in this Section for cases of the Supreme Court. The General As-
sembly shall provide by law for the temporary appointment of Holding cir-
men learned in the law to hold either special or regular terms of ^""^ •^""'■*'*-
the Circuit Courts whenever there may be necessity for such ap-
pointment.

Section 7. There shall be appointed by the .Justices of the
Supreme Court a Reporter and a Clerk of said Court, who shall Reporter.
hold their offices for four years, and whose duties and compensa-
tion shall be prescribed by law.

Section 8. When a judgment or decree is reversed or aftirmed JiKigment of

,, JB Supreme

by the Suprettie Court, every point made and distinctly stated in Court.
the cause and fairly arising upon the record of the case shall be
considered and decided, and the reason thereof shall be concisely
and briefly stated in writing and preserved with the record of the
case.

Section 9. The Justice of the Supreme Court and Judges of compensa-
the Circuit Court shall each receive compensation for their ser- and ?/ustices!^
vices to be fixed by law, which shall not be increased or dimin-
ished during their continuance in office. They shall not be
allowed any fees or perquisites of office, nor shall they hold any
other office of trust or profit under this State, the United States,
or any other power.

Section 10. No person shall be eligible to the office of Chief QuaUflca-
Justice, Associate Justice or Judge of the Circuit Court who is not
at the time of his election a citizen of the United States and of
this State, and has not attained the age of twenty-six years, has
not been a licensed attorney at law for at least five years, and been
a resident of this State for five years next preceding his election.

Section 11. All vacancies in the Supreme Court or inferior vacancies,
tribunals shall be filled by elections as herein prescribed : Pro-
vldexl, That if the unexpired term does not exceed one year such
vacancy may be filled by Executive appointment. All Judges,
by virtue of their office, shall be conservators of the peace conservators.
throughout the State ; and when a vacancy is filled by either ap- unexpired
point ment or election, the incumbent shall hold only for the un- '*''™-
expired terin of his predecessor.

Section , 12. In all eases decided by the Supreme Court the Throe neces-
concurrence of three of the Justices shall be necessary for a versai. ^""^ '^"
reversal of the judgment below, but if the four Justices equally
divide in opinion the judgment below shall be affirmed, subject
to the provisions hereinafter prescribed. Whenever, upon the
hearing of any cause or question before the Supreme Court, in the
exercise of its original or appellate jurisdiction, it shall appear to
the Justices thereof, or any two of them, that there is involved a
question of constitutional law, or of conflict between the Consti- constitution-
tution and laws of this State and of the United States, or between ^^ questions.
the duties and obligations of her citizens under the same, upon

26
the determination of whicii the entire Court is not agreed ; or
whenever the Justices of said Court, or any two of tliem, desire
it on any cause or question so before said Court, the Chief Justice,
or in his absence the presiding Associate Justice, shall call to the
assistance of the Supreme Court all of the Judges of the Circuit
Judge shall Court: Provided, however, That when the matter to be submit-
not sit. ted is involved in an appeal froiri the Circuit Court, the Circuit
Judge who tried the cause shall not sit. A majority of the Jus-
tices of the Supreme Court and Circuit Judges shall constitute a
quorum. The decision of the Court so constituted, or a majority
of the Justices and Judges sitting, shall be final and conclusive.
In such case the Chief Justice, or in his absence the presiding As-
N u m b e r s(K'iate Justice, shall preside. Whenever the Justices of the Su-
mustretfre" " preme Court and the (iircuit Judges meet together for the pur-
poses aforesaid, if the number thereof qualified to sit constitute
an even number, then one of the Circuit Judges must retire; and
the Circuit Judges present shall determine by lot which of their
number shall retire.
Judicial Cir- SECTION 13. The State shall be divided into as mary Judicial
"""''• Circuits as the General Assembly may prescribe, and for each Cir-
cuit a Judge shall be elected by joint viva voce vote of the General
Assembly, who shall hold his office for the term of four years ;
and at the time of his election he shall be an elector of a County
Judges.'"" ° of, and during his continuance in office he shall reside in, the Cir-
Present *-'"•* of which he is Judge. The present Judges of the Circuit
Judges. Courts shall continue in office until the expiration of the terms
for which they were elected, and, should a new division of the
Judicial Circuits be made, shall be the Judges of the respective
Circuits in which they shall reside after said division.
Interchange SECTION 1-J. Judges of the Circuit Courts thall interchange
of Circuits. Circuits with each other, and the General Assembly shall provide
therefor.
Section 15. The Courts of Common Pleas shall have original
Jurisdiction jurisdiction, subject to appeal to the Supreme Court, to issue writs

of C o u r t s ■" ' . . .

of c o m m on or orders oi injunction, mandamus, habeas corpus, and such other
^'<=*^- writs as may be necessary to carry their powers into full effect.

They shall have jurisdiction in all civil cases. They shall have
appellate jurisdiction in all cases within the jurisdiction of infe-
rior Courts, except from such inferior Courts from which the Gen-
eral Assembly shall provide an appeal directlv to the Supreme
Court.
Sit twice. Section 16. The Court of Common Pleas shall sit in each

County in this State at least twice in every year at such stated
times and places as may be appointed by law.
Decisions, SECTION 17. It shall be the duty of the Justices of the Su-
when filed. preme Court to file their decisions within sixty days from the last
day of the Court at which the cases were heard; and the duty of
the Judges of the Circuit Courts to tile their decisious within

sixty clays frotn the rising of ttie last Court of the Circuit then
being held.

Section 18. The Court of General Sessions shall have jurisdic- comtofGen-
tion in all criminal oases except thosecasesin which exclusive juris- '"''^' '^'=**'*'''"s-
diction shall be given to inferior Courts, and in those it shall have
appellate jurisdiction. It shall also have concurrent jurisdiction
with, as well as appellate jurisdiction from, the inferior Courts in
all cases of riot, sussault and battery, and larceny. It shall sit in
each County in the State at least twice in each year at such stated
times and places as the Genral Assembly may direct.

Section 19. The Court of Probate shall remain as now es- Court of Pro-
tablished in the County of Charleston. In all other Counties of
the State the jurisdiction in all matters testamentary and of ad-
ministration, in business appertaining to minors and the allot-
ment of dower, in cases of idiocy and lunacy, and persons non
compos mentis, shall be vested as the General Assembly may pro-
vide, and until such provision such jurisdiction shall remain in
the Court of Probate as now established.

Section 20. A sufficient number of Magistrates shall be ap- Magistrates.
fiointed and commissioned by the Governor, by and with the ad-
viceand consent of theSenate, for each County, whoshall hold their Term of office,
offices for the term of two years and until their successors are ap-
pointed and qualified. Each Magistrate shall have the power,
under such regulations as may now or hereafter be provided by
law, to api)oint one or more Constables to execute writs and pro- Constables,
cesses issued by him. The present Trial Justices are declared
Magistrates as herein created, and shall exercise the powers and
duties of said office of Magistrate until their successors shall be
appointed and qualified. Each Magistrate shall receive a salary, Salary.
to be fixed by the General Assembly, in lieu of all fees in crimi-
nal cases.

Section 21. Magistrates shall have jurisdiction in such civil o/^^ifj^jrates.
cases as the General Assembly may prescribe : Provided, Such
jurisdiction shall not extend to cases where the value of property
in controversy, or the amount claimed, exceeds one hundred dol-
lars, or to cases where the title to real estate is in question, or to
cases in chancery. They shall have exclusive jurisdiction in such
criminal cases as the General Assembly may prescribe : Provided,
furtlter. Such jurisdiction shall not extend to cases where the
punishment exceeds a fine of one hundred dollars or imprison-
ment for thirty days. In criminal matters beyond their jurisdic-
tion to try, they shall sit as Examining Courts, and commit, dis- Examining
charge or (except in capital cases) recognize persons charged with
such offences, subject to such regulations as the General Assembly
may provide. They shall also have the power to liind over to
keep the peace and for good behavior for a time not to exceed
twelve months.

Trial by Jury. SECTION 22. All persoiis charged With an offenceshall have the

right to demand and obtain a trial by jury. The jury in cases

Juryininfe- civil or criminal in all municipal Courts, and Courts inferior to

rior Courts. ,,. . „ ^ ,„ , . r ......h

Circuit Courts shall consist of six. The grand jury ot eacn
Grand jury. County shall Consist of eighteen members, twelve of whom must

agree in a matter before it can be submitted to the Court.
Petit jury. The petit jury of the Circuit Courts shall consist of twelve
men, all of whom must agree to a verdict in order to render the
same.
tiSisofVnrort ^^^^ J""""*" """s* ^^^ '"^ qualified elector under the provisions of
this Constitution, between the ages of twenty-one and sixty-five
years and of good moral character.
Jit^.-'istratc? Section 23. Every civil action cognizable by Magistrates
Courts." '^ "^^ shall be brought before a Magistrate in the County where the de-
fendant resides, and every criminal action in the County where
the offence was conimitted. In all cases tried by them, the right
of appeal shall be secured under such rules and regulations as
may be provided by law: Provided, That in Counties where
Magistrates have separate and exclusive territorial jurisdiction,
criminal causes shall be tried in the Magistrate's district where
the offence was committed, subject to such provision for change
of venue from one Magistrate's district to another in the same
County as may be provided by the General Assembly.
p«,„„o„cn Section 24. All officers other than those named in Section
tion for all nine provided for in this Article shall receive for their services
e .. ^^^^ compensation as the General Assembly may from time to
time by law direct.
Powers at SECTION 25. Each of the Justices of the Supreme Court and
Chamberi?. Judges of the Circuit Court shall have the same jxiwer at cham-
bers to issue writs of habeas corpus, mandamus, quo warranto,
certiorari, prohibition and interlocutory writs or orders of injunc-
tion as when in open Court. The Judges of the Circuit Courts
shall have such powers atchambers as the General Assembly may
provide.
Charge t«.ju- SECTION 26. Judges shall not Charge juri&s in respect to mat-
"«^s- ters of fact, but shall declare the law.

Section 27. There shall be elected in each County, by the
electors thereof, one Clerk for the Court of Common Pleas, who
Clerk otcourt. g^all hold his oftice for the term of four years, and until bis suc-
cessor shall be elected and qualified. He shall, by virtue of hi;-
office, be Clerk of all other Courts of record held therein, but the
General Assembly may provide by law for the election of a Clerk,
with a like term of office, for each or any other of the Courts of
record, and may authorize the Judge of the Probate Court to per-
form the duties of Clerk for his Court under such regulations as
the General Assembly may direct. Clerks of Courts shall here-
movable for such cause and in such manner as shall be prescribed
by law.

Section 28. There shall bean Attorney General for the State, Attorney
who shall perform such duties as may be prescribed by law. He ''''"''™ •
shall be elected by the qualified electors of the State for the term
of two years, and shall receive for his services such compensation
as shall be fixed by law.

Section 29. There shall be one Solicitor for each Circuit, who solicitor.
shall reside therein, to be elected by the qualified electors of the
Circuit, who shall hold his office for the terra of four years, and
shall receive for his services such compensation as shall be fixed
by law. In all cases when an Attorney for the State of any Cir-
cuit fails to attend and prosecute according to law, the Court shall
have power to appoint an Attorney pro tempore. In the event
of the establishment of County Courts the General Assembly may
provide for one Solicitor for each County in the place and instead
of the Circuit Solicitor, and may prescribe his powers, duties and
compensation.

Section 30. The qualified electors of each County shall elect whenff and
a Sheriff and Coroner for the term of four years, and until their °'''°^'-
successors are elected and qualified ; they shall reside in their re-
spective Counties during their continuance in office, and be dis-
qualified for the office a second time if it should appear that they,
or either of them, are in default for moneys collected by virtue of
their respective otfiees.

Section 31. All writs and processes shall run and all prosecu- Writs,
tions shall be conducted in the name of the State of South Caro-
lina ; all writs shall be attested by the Clerk of the Court from
which they shall be issued; and all indictment shall conclude indictments.
"against the peace and dignity of the State."

Section 32. The General Assembly shall provide bylaw for Decision of
the speedy publication of the decisions of the Supreme Court court. ' "^ ™ **
made under this Constitution.

Section 33. Circuit Courts and all Courts inferior thereto and sentence to
municipal Courts shall have the power, in their discretion, to im- ways.
pose sentence of labor upon highways, streets and other public
works upon persons by them sentenced to imprisonment.

Section 34. All matters, civil and criminal, now pending Matters now

pending
within the jurisdiction of any of the Courts of this State shall

continue therein until disposed of according to law.

ARTICLE VI.

JUEISPEUDENCE.

Section 1. The General Assemblj"- shall pass laws allowing Arbitration.
differences to be decid?d by arbitrators, lo be appointed by the
parties who may choose that mode of adjustment.

venue.

uity.

Section 2. It shall be the duty of the General Assembly to
ciiange of pass laws for the change of venue in all cases, civil and criminal,
over which the Circuit Courts have original jurisdiction, upon a
proper sliowing, supported by affidavit, that a fair and impartial
trial cannot be had in the County where such action or prosecution
was commenced. The State shall have the same right to move for
a change of venue that a defendant has for such offences as the
General Assembly may prehcribe. Unless a change of venue be
had under the provisions of this Article the defendant shall be
tried in the County where the offence was committed : Provided,
however, That no change of venue shall be granted in criminal
cases until after a true bill has been found I)y the grand jury:
And Provided, further, That if a change be ordered it shall be to
a County in the same Judicial Circuit.

Law and eq- SECTION 3. Justice shall be administered in a uniform mode
of pleading without distinction between law and equity.

statute pub- SECTION 4. Every Statute shall be a public law, unless other-
wise declared in the Statute itself.

Section 5. The General Assembly, at its first session after the
adoption of this Constitution, shall provide for the appointment
or election of a Commissioner, whose duty it shall lie to collect
and revise all the General Statute law of this State then of force
as well as that which shall be passed from time to time, and to
properly index and arrange the said Statutes when so passed.

Codification And the said CommissioTier shall reduce into a systematic (V)de
the general statutes, including the Code of Civil Procedure, with
all the amendments thereto, and shall, on the first day of the ses-
sion for the year nineteen hundred and one, and at the end of
every subsequent period of not more than ten years, report the
result of his labors to the General Assembly, with such recom-
mendations and suggestions as to the abridgment and amend-
ments as may be deemed necessary or proper. Said report when
ready to be made, shall be printed and a copy thereof laid upon
the desk of each member of both houses of the General Assem-
bly on the first day of the first session, but shall not be taken up
for consideration until the next session of said General Assembly.
The said Code shall be declared by the General Assembly, in an
Act passed according to the forms of this Constitution for the en-
actment of laws, to be the only general statutory law of the
State; but no alterations or additions to any of the laws therein
contained shall be made except by Bill passed under the formali-
ties heretofore prescribed for the passage of laws. Provision shall
be made by law for filling vacancies, regulating the term of oflice
and th(! compensation of said Commissioner, not exceeding five
hundred dollars per annum, and imposing such other duties as
may be desired. And the General Assembly shall by committee
inquire into the progress of his work at each session.

Section 6. In the case of any prisoner lawfully in the charge, Prisoner
custody or control of any officer, State, County or municipal, tu'rouKh liegi?-
being seized and taken from said officer through his negligence, eei^J.'" "p.^JJff :
permission or connivance, by a mob or other unlawful assemblage «" ohicer.
of persons, and at their hands suffering bodily violence or death,
the said officer shall be deemed guilty of a misdemeanor, and,
upon true bill found, shall be deposed from his office pending his
trial, and upon conviction shall forfeit his office, and shall, unless
pardoned by the Governor, be ineligible to hold any office of trust
or profit within this State. It shall be the duty of the Prosecut-
ing Attorney within whose Circuit or County the offence may be
committed to forthwith institute a prosecution against said officer,
who shall be tried in such County, in the same Circuit, other than
the one in which the offence was committed, as the Attorney
General may elect. The fees and mileage of all material witness-
es, both for the State and for the defence, shall be paid by the
State Treasurer, in such manner as may be provided by law:
Provided, In all cases of lynching when death ensues, the County
where such lynching takes place shall, without regard to the con-
duct of the officers, be liable in exemplary damages of not less
than two thousand dollars to the legal representatives of the per-
son lynched: Provided, further, Thai 'Any County against which county liable
a judgment has been obtained for damages in any case of lynch- &"" 'lavages.
ing shall have the right to recover the amount of said judgment
from the parties engaged in said lynching in any Court of compe-
tent jurisdiction.

ARTICLE VII.

COUNTIES AND COUNTY GOVERNMENT.

Section 1. The General Assembly may establish new Coun-
ties in the following manner : Whenever one-third of the quali- Formation of
tied electors within the area of each section of an old County pro- ""^ counties.
posed to be cut off to form a new County shall petition the Gov-
ernor for the creation of a new County, setting forth the bounda-
ries and showing compliance with the requirements of this Arti-
cle, the Governor shall order an election, withina reasonable time
thereafter, by the qualified electors within the proposed area, in
which election they shall vote "Yes" or "No" upon the question ^,

--, , 1 J. J » , J . . County seat

of creating said new County ; and at the same election the ques- and name.
tion of a name and a County seat for such County shall be submit-
ted to the electors.

Section 2. If two-thirds of the qualified electors voting at
such election shall vote "Yes" upon such questions, then the Gen-
eral Assembly at the next session shall establish such new Coun-
ty : Provided, No section of the County proposed to be dismem- ^fuJ^tTto^be
bered shall be thus cut off without consent by a two-thirds vote cut oft:

of those voting in such section; and no County shall dp
formed withoutcomplying with all the conditions imposed m this
Article. An election upon the question of forming the same pro-
posed new County shall not be held oftener than once in four
years,
iniiabitant.s SECTION 3. No new County hereafter formed shall contain

ertls area'°S- less than one one hundred and twenty-fourth part of the whole

new County. „u,j,her of inhabitants of the State, nor shall it have less assessed

taxable property than oneand one half niillionsof dollars as shown

by the last tax returns, nor shall it contain less area than four

hundred square miles.

Area, taxa- SECTION 4. No old County shall be reduced to less area than

a'f. (i"fnimbn; ^"'^ hundred square miles, to less assessed taxable property^ than

ants of old two million dollars, nor to a smaller population than fifteen
thousand inhabitants.
Eight mile Section .5. In the formation of new Counties no old County

limit. j^i^a^jj ];,g cut ^^ithhi eight miles of its court house building.

Indebtedness. SECTION 6. All new Counties hereafter formed shall bear a
just apportionment of the valid indebtedness of the old County
or Counties from which they have been formed.
Alteration of SECTION 7. The General Assembly shall have the power to

County lines, ^j^^^^ County llues at any time : Provided, That before any exist-
ing County line is altered the question shall be first submitted to
the qualified electors of the territory proposed to befallen from
one County and given to another, and shall have received two-
thirds of the votes cast : Providedfiui./u'i; That the change shall
not reduce the County from which the territory is taken below
the limits prescribed in Sections 3, 4 and •'> of this Article : Pro-
vided, That the proper proportion of the existing County indebt-
edness of the section so transferred shall be assumed by the Coun-
ty to which the territory is transferred.
Removal of SECTIONS. No County seat shall be removed except by a vote

County seat. ^^ two-thirds of the qualified electors of said County voting in an
election held for that purpose, but such election siiall not be held
in any County oftener than once in five years.
Election dis- SECTION 9. Each County shall constitute One election district,

corporate"'''* and shall be a body politic and corporate,
consoiida- SECTION 10. The General Assembly may provide for the con-

tion of two or solidation of two or more existing Counties if a maioritv of the

more Counties ,.„-,,. .. , ^, ...

qualified electors of such Counties voting at an election held for
that purpose shall vote separately therefor, but such election shall
not be held oftener than once in four years in the same Counties.
Townsiiips. Section 11. Each of the several townships of this state, with
names and boundaries as now established by law, shall constitute
Bod'corpor- a body politic and Corporate, but this shall not prevent the Gen-
ate, eral Assembly from organizing other townships or changino- t|^p
boundaries of those already established ; and the (ieneial .\sseni-
bly may provide such system of townshiii government as it shall

think proper in any and all the Counties, and may make special Tbwnship
provision for municipal government and for the protection of government,
chartered rights and powers of municipalities.
Section 12. Until changed bv the General Assembly, as Boundaries

, , , , b .' ■' ' Of Ckjunties.

allowed by this Constitution, the boundaries of the several
Counties shall remain as now established, except that the boun-
daries of the County of Edgefield shall undergo such changes as
are made necessary by the formation of a new County from a
portion of Edgefield, to be known as Saluda, the boundaries of Boundaries
which are set forth in a Constitutional ordinance. The election saiuda" a^'d
ordered in said ordinance for the location of its County seat shall Edgefield.
be held under the Constitution and laws now of force. And the
General Assembly shall provide for the assessment of property
in the County of Saluda for the fiscal year beginning January
first, eighteen hundred and ninety-six, and for the collection of
said taxes when assessed.

Section 13. The General Assembly may at any time arrange Judicial and
the -various Counties into Judicial Circuits, and into Congressional Districts!' °"'^
Districts, including the County of Saluda, as it may deem wise
and proper, and may establish or alter the location of voting pre-
cincts in any County.

Section 14. Hereafter no County lines shall be so established ^^^° through
as to pass through any incorporated city or town of this State, city or town"

ARTICLE VIII.

municipal cobpobations and police eegulations.

Section 1. The General Assembly shall provide by general organization
laws for the organization and classification of municipal corpora- f/^^ ofmun?-
tions. The powers of each class shall be defined so that no such cipai corpora-
corpf)rations shall have any powers or be subject to any restric-
tions other than all corporations of the same class. Cities and
towns now existing under special charters may reorganize under
the general laws of the State, and when so reorganized their
special charters shall cease and determine.

Section 2. No city or town shall be organized without the Electors must
consent of the majority of the electors residing and entitled by ganizatioS. °'^'
law to vote within the district proposed to be incorporated ;
such consent to be ascertained in the manner and under such
regulations as may be prescribed by law.

Section 3. The General Assembly shall restrict the powers
of cities and towns to levy taxes and assessments, to borrow rp^^^gg
money and to contract debts, and no tax or assessment shall be
levied or debt contracted except in pursuance of law, for public
purposes specified by law.

Section 4. No law shall be passed by the General Assembly ^^^,^^ ^.^_
granting the right to construct and operate a street or other rail- way, 4c.

way, telegraph, telephoiif or electric plant, or to erect water or
gas works for public uses or to lay mains for any purpose, without
first obtaining- the consent of the local authorities in control of the
streets or public places jsroposed to be occupied for any such oi
like purposes.
Waterworks SECTION 5. Cities and towns may acquire, by construction or

and plants for , , . ■ ^ ,„^i .Janta fnr

furnishing purchase, and may operate, water works systems ana piaius lui
iife'iits. furnishing lights, and may furnish water and lights to individu-

als, firms and private corporations for resi-sonable compensation :
Provided, That no such construction or purchase shall be made
except upon a majority vote of the electors in said cities or to\vns
who are qualified to vote on the bonded indebtedness of said
cities or towns.
Corporate Hection G. The corporate authorities of cities and towns in
miifonn':"" '"' this State shall be vested with power to assess and collect taxes
for corporate purposes, said taxes to be uniform. in respect to
persons and property within the jurisdiction of the bod3' compos-
ing the same; and all the property, except such as is exempt by
law, within the limits of cities and towns shall be taxed for the
License. payment of debts contracted under authority of law. License or
privileged taxes imposed shall be graduated so as to secure a just
imposition of such tax upon the classes subject thereto.

Section 7. No city or town in this State shall hereafter incur
Bonded debt, any bonded debt which, including existing bonded indebtedness,
shall exceed eight per centum of the assessed value of the taxable
property therein, and no such debt shall be created without sub-
mitting the question as to the creation thereof to the qualified
electors of such city or town, as provided in this Constitution for
such special elections ; and unless a majority of such electors vot-
ing on the question shall be in favor of creating such further

indebtedlless"' bonded debt, none shall be created : Provided, That this Section
shall not be construed to prevent the issuing of certificates of
indebtedness in anticipation of the collection of taxes for amounts
actually contained or to be contained in the taxes for the year
when such certificates are issued and payable out of such taxes :
.4?!dproy/V.terf, /Mr^/if.r, That such cities and towns shall on the is-
suing of such bonds create a sinking fund for the redemption

sinifing fund, thereof at maturity. Nothing herein contained shall prevent the
Ke'.ui\'}i"g issuing of bonds to an amount sufficient to refund bonded indebt-
edness existing at the time of the adoption of this Constitution.
Section s. cities and towns may exempt from taxation, by

uhi.'s may'Y." general or special ordinance, except for school purposes, niami-

texaiion.''""' 'aotories established within their limits for five successive years
from the time of the establishment of such manufactories: Pro-
ridnl, That such ordinance shall be first ratified by a majority
of such qualified electors of such city or town as shall vote at aii
election h(;ld for that purpose!.

Section 9. No armed police force or representatives of a de- Armed police
tective agency sliall ever be brought into tliis State for the sup- ^"™'^'
pression of domestic violence ; nor shall any other armed or un-
armed body of men be brought ^n for that purpose, except upon
the application of the General Assembly or of the Executive of
this State (when the General Assembly is not in session), as
provided in the Constitution of the United States. The Gener-
al Assembly shall provide proper penalties for the enforcement
of the provisions of this Section.

Section 10. It shall be the duty of the General Assembly to Boards oi
create Boards of Health wherever they may be necessary, giving Health,
to them power and authority to make such regulations as shall
protect the health of the community and abate nuisances.

Section 11. In the exercise of the police power the General
Assembly shall have the right to prohibit the manufacture and
sale and retail of alcoholic liquors or beverages within the State. Aieoiioiic a-
The General Assembly may license persons or corporations to erages.
manufacture and sell and retail alcoholic liquors or beverages
within the State under such rules and restrictions as it deems
proper ; or the General Assembly may prohibit the manufacture
and sale and retail of alcoholic liquors and beverages within the
State, and may authorize and empower State, County and
municipal officers, all or either, under the authority and in the
name of the State, to buy in any market and retail within the
State liquors and beverages in such packages and quantities,
under such rules and regulations, as itdeems expedient: Provided,
That no license shall be granted to sell alcoholic beverages in less
quantities than one-half pint, or to sell them between sundown
and sunrise, or to sell them to be drunk on the premises: And
provided, further, That the General Assetribly shall not delegate
to any municipal corporation the power to issue licenses to sell
the same.

Section 12. All prize-fighting is prohibited in this State, and Prize fighting,
the General Assembly shall provide by proper laws for the pre-
vention and punishment pf the same.

ARTICLE IX.
coepoeations.

Section 1. The term corporation as used in this Article in- corporation
eludes all associations and joint stock companies having powers ''®*'"'^"-
and privileges not possessed by individuals or partnerships, and
excludes municipal corporations.

Section 2. No charter of incorporation shall be granted, charter of
changed or amended by special law, except in the case of such incorporation,
charitable, educational, penal or reformatory corporations as may

be under the control of tlie State, or may be provided for in this
Constitution, but the General Assembly sliall provide by general
laws for changing or amending existing charters, and for the oi-
ganization of all corporations hereafter to be created, and any
such law so passed, as well as all charters now existing or here-
after created, shall be subject to future repeal or alteration : Pro-
wded. That the General Assembly may by a two-thirds vote of
each house on a concurrent resolution allow a Bill for a special
charter to be introduced, and when so introduced may pass the
same as other Bills.
Transporting SECTION 3. All railroad, express, canal and other corporations
'^ '™';™!^: engaged in transportation for hire, and all telegraph and other
ns taxed is corporations engaged in the business of transmitting intelligence

and transmit
ting corpora-
tions

for hire are common carriers in their respective lines of business,
and are subject t(j liability and taxation as such. It shall be un-
lawful for any such corporation to make any contract relieving it
coiiirnoniaw of its common law lialiility or limiting the same, in reference to

la 1 ity. jj^g carriage of passengers.

Agpntof cor- SECTION 4. Evcry corporation organized or doing business in

poration. (-jjjj^ State, Other than religious, educational or benevolent associa-

tions, shall have and maintain at least one agent in this State
utnceof cor- upon whom process may be served, and at least one public office

poration. for the transaction of its business: Provided, This Section shall

not apply to mercantile corpoi-ations: Provided, That nothing
contained in this Section shall be construed to prohibit the Gen-
eral Assembly from providing for the service of process on any
agent of a corporation so as to bind such corporation.
Discrimina- SECTION 5. No discrimination in charges or facilities for trans-

tiijnin ciiarg- pgi-tation Of the same classes of freight or passengers, or for the
transmission of intelligence within this State, or coming from or
going to any other State, shall he made by any railroad or otiier
transportation or transmission company between places or per-
.sons.

Persons and property transported by any railroad or any other
transportation or transmission company or corporation, shall be
delivered at any station, landing or port at charges not exceeding
the charges for the transportation of persons and property of the
same class, in the same direction, to any more distant station,

tiJ^iet" '"'"°" landing or port. E.xcursion and commutation tickets may be is-
sued at special rates. This Section shall not prevent the Railroad
Competitive Commission from making such comiietitive rates as shall, in their

rates. judgment, be just and equitable between the railroads and the

public, at all junctional and competitive points or at points where
water competition controls the traffic or at points where the com-
petition of points located in other States may make necessary the
prescribing of difl'erent rates for the protection of the commerce
of this State.

Section 6. Any milroad or other transportation corporation, Trausporta-
aud any telegraph or other transmitting corporation, organized m*^^V '"onnect
under the laws of this State, shall have the right to connect its of .anutricr "'''^
roads or lines, at the State line, with those in other States, and
shall have the right to intersect witli or cross any other railroad,
street railway, transportation road or transmitting line, and shall
each receive and transport the freight, passengers, cars (loaded or
empty) and messages delivered to it by another without delay or
discrimination.

Section 7. No railroad, or other transportation company, and
no telegraph or other transmitting corporation, or the lessees,
purchasers or managers of any such corporation, shall conscjli- Consoiida-

],,,,, , ^ ■ . . , L- -J, t'"" "I stock

date the stock, property or franchises ot such corporation with, with cinnpet-
or lease or purchase the works or franchises of, or in any way '"= '""^^
control, any other railroader other transportation, telegraph or
other transmitting company owning or having under its control
a parallel or competing line; and the question whether railroads jury nmy de-
or other transportation, telegraph or other transmitting com- u'ues "u'e'par-
panies are parallel or competing lines shall, when demanded by '^Vh',,,?' '""^"
the party complainant, be decided by a jury as in other civil
causes.
Section 8. The General Assembly shall not grant to any for- ^' ° foici^-ii

*' ° "^ c o r po ration

eign corporation or association a license to build, operate or lease c sui ijuiki or

any railroad in this State ; but in all cases where a railroad is to be ^oTA iii 'tTi'is

built or operated, or is now being operated, in this State, and the '^t^'te-

same shall be partly in this State and partly in another State, or

in other States, the owners or projectors thereof shall first become

incorporated under the laws of this State ; nor shall any foreign

corporation or a.ssociation lease or operate any railroad in this

State, or purchase the same or any interest therein. Consolidation

of any railroad linesand corporations in this State with others shall

be allowed only where the consolidated company shall become a

domestic corporation of this State. No general or special law No general

or spcciiil liiw

shall ever be passed for the benefit of any foreign corporation for ibicisn cor-
operating a railroad under any existing license of this State or un- S^pt'on'condi-
der any existing lease, and no grant of any right or privilege and '''"°*'-
no exemption from any burden shall be made to anj. such foreign
corporation, except upon the condition that the owners or stock-
holders thereof shall first organize a corporation in this State un-
der the laws thereof, and shall thereafter operate and manage the
same and the business thereof under said domestic charter.

Section 9. The General Assembly shall have no power to
grant any special charter for banking purposes, but corporations Banks.
or associations may be formed for such purposes under general
laws, with such privileges, powers and limitations, not inconsist-
ent with this Constitution, as it may deem proper. The General
Assembly shall provide by law for the thorough examination and
inspection of all banking and fiscal corporations of this State.

stock issued Section 10. Stock or bonds shall not be issued by any corpora-
for^money or ^.^^^ ^^^^ ^^^ j^^^^ ^j^^^^^ ^^^ ^^^^^^ ^j. property actually received

or subscribed ; and all fictitious increase of stock or indebtedness
shall be void.
Section 11. The General Assembly shall provide by law tor
Election ot the election of directors, trustees or managers of all corporations

pSionl"""" S" that each stockholder shall be allowed to cast, in person or by
proxy, as many votes as the number of shares he owns multiplied
by the number of directors, trustees or managers to be elected,
the same to be cast for any one candidate or to be distributed
among two or more candidates.
Business of SECTION 12. Corporations shall not. engage in any business e.\-

corporations. ^^^ ^^^^ specifically authorized by their charters or necessarily
incident thereto.
Section 13. The General Assembly shall enact laws to pre-
Trusts, com- vent all trusts, combinations, contracts and agreements against

binations, &c. ^j^^ public welfare ; and to prevent abuses, unjust discriminations
and extortion in all charges of transporting and transmitting
companies ; and shall pass laws for the supervision and regula-
tion of such companies by commission or otherwise, and shall
provide adequate penalties, to the extent, if necessary for that
purpose, of forfeiture of their franchises.
Section 14. A Commission is hereby established to be known

C^mmitsion"."* as "the Railroad Commission," which shall be composed of not
less than three members, whcwe powers over all transporting
and transmitting corporations, and duties, manner of election
and term of office shall be regulated by law ; and until otherwise
provided by law the said Commissioners shall have the same
powers and jurisdiction, perform the same duties and receive the
same compensation as now conferred, prescribed and allowed by
law to the existing Eailroad Commissioners : Provided, That
the members thereof shall be elected at the expiration of the
terms of the present Railroad Commissioners, who are hereby
continued in office for the terms for which they were elected.
Section 15. Every employee of any railroad corporation shall

lem'ed i es^V have the same rights and remedies for any injury suffered by him

employees. fj.yjjj ^j^g ^j^jg ^^ omi&sions of said corporations or its employees as
are allowed by law to other persons not employees, when the in-
jury results from the negligence of a superior agent or officer, or
of a person having a right to control or direct the services of a
party injured, and also when the injury results from the negli-
gence of a fellow servant engaged in another department of labor
from that of the party injured, or of a fellow servant on another
train of cars, or one engaged about a different piece of work.
Knowledge by any employee injured of the defective or unsafe
character or condition of any machinery, ways or ai)pliances shall
be no defence to an action for injury caused thereby, except as to
conductors or engineers in charge of dangerous or unsafe cars or

engines voluntarily operated by them. When death ensues from
finy injury to emi)loyees, the legal or [icrsonal n'{)resentatives of
the person injured shall have the same right and remedies as are
allowed by law to such representatives of other persons. Any
contract or agreement, expressed or implied, made by any em-
ployee to waive tlie benefit of this Section shall bo null and void ;
and this Section shall not be construed to deprive any employee
of a corporation, or his legal or personal representative, of any
remedy or right that he now has by the law of the land. The
General Assembly may extend the remedies herein provided for
to any other class of employees.

Section 16. All existing charters or grants of corporate fran- Existing
chise under which organizations have not in good faith taken " '*'' *^''''-
place at the adoption of this Constitution shall be subject to the
provisions of this Article.

Section 17. The General Assembly shall never remit the for-
feiture of the franchise of any corporation now chartered, nor
alter nor amend the charter thereof, nor pass any general or
special law for the benefit of such corporation, except upon the Laws for
condition that such corporation shall thereafter hold its charter po?ffion°pass-
and franchise subject to the provisions of this Constitution, and SJ' i"*" ' ■^^ ""
the acceptance by any corporation of any provision of any such
laws or the taking of any benefit or advantage from the same
shall be conclusively held an agreement by such corporation to
hold its charter and franchise under the provisions of this
Article.

Section 18. The stockholders of all insolvent corporations Liability of
shall be individually liable to the creditors thereof only to the ex- stockholders.
tent of the amount remaining due to the corporation upon the
stock owned by them : P/'oytcfecZ, That stockholders in banks or in banks.
banking institutions shall be liable to depositors therein in a sum
equal in amount to their stock over and above the face value of
the same.

Section 19. Nothing prohibited in this Article shall be per-

Corporatlons

mitted to be done by any corporation or (wmpany, persons or per- cannot do act
son, either for its or their own benefit or otherwise, t)y its or their thimigii ' con-
holding or controlling in its or their own name or otherwise, or terest in^othei-
in the name of any other person or persons, or other corporation corporations,
or company whatsoever, a majority of the capital stock, or of
bonds having voting power, of any railroad or transportation
company, or corporation created by or existing under the laws of
this State, or doing business within this State.

Section 20. No right of way shall be appropriated to the use night of way.
of any corporation until full compensation therefor shall be tirst
made to the owner or secured by a deposit of money, irrespective
of any benefit from any improvement proposed by such corpora-

tion, which compensation shall be ascertained by a jury of twelve
men, in a Court of record, as shall be prescribed by law.

Section 21. The General Assembly shall enforce the provis-
ions of this Article by appropriate legislation.

state Govern-
ment.

ARTICLE X.

FINANCE AND TAXATION.

Section 1. The General Assembly shall provide l)y law for a

T^axation uniform and ecjual rate of assessment and taxation, and shall pre-
nent.*^^^^^" scribe regulations to secure a just valuation for taxation of all
property, real, personal and possessory, except mines and mining
claims, the products of which alone shall be taxed ; and also ex-
cepting such property as may be exempted by law for municipal,
educational, literary, scientific, religious or charitable purposes:
Provided, hoiuever. That the General Assembly may impose a
capitation tax upon such domestic animals as from their nature
and habits are dastructive of other property: And provided,
further, That the General Assembly may pro vi de for a graduated
tax on incomes, and for a graduated license on occupations and
business.
Section 2. The General Assembly shall provide for an an-

Expejses of nual tax sufficient to defray the estimated expenses of the State for
each year, and whenever it shall happen that the ordinary ex-
penses of the State for any year shall exceed the income of the
State for such year the General Assembly shall provide for levy-
ing a tax for the ensuing year sufficient, with other sources of in-
come, to pay the deficiency of the precetling year together witli
the estimated expenses of the ensuing year.

Tax shall be SECTION 3. No tax shall be levied except in pursuance of a
suance'of Eivv' '^^' which shall distinctly state the object of the same; to which
object the tax shall be applied.

Property ex- SECTION 4. There shall be exempted from taxation all County,
texation"^"™ township and municipal property used exclusively for public pur-
poses and not for revenue, and the property of all schools, col-
leges and institutions of learning, all charitable institutions in the
nature of asylums for the infirm, deaf and dumb, blind, idiotic
and indigent persons, except where the profits of such institu-
tions are applied to private uses; all public libraries, churches,
parsonages and burying grounds ; but property of associations
and societies, although connected with charitable objects, shall
not be exempt from State, County or municipal taxation : Pro-
vided, That as to real estate this exemption shall not extend be-
yond the buiklini^'s and premises actually occupied by such
schools, colleges, institutions of learning, asylums, libraries,
churches, parsonages and burial grounds, although connected
with charitable objects.

8e(;tion 5. The corporate authorities of Counties, townships, Taxes may
school districts, cities, towns and villages may be vested with corporate pu°-
power to assess and collect taxes for corporate purposes; such p"'^"'*-
taxes to be uniform in respect to persons and property within the
jurisdiction of the body imposing the same. All shares of share of
stockholders in any banli or banking association located in this s<'»«'^i^<''''«"'>'-
State, whether now or herefrfter incorporated, or organized under
the laws of this State or of the United States, shall be listed at
their true value in money, and taxed for municipal purposes in
the city, ward, town or incorporated village, where such bank is
located, and not elsewhere: Provided, That the words "true
value in money" as used in line 12 [line 12 of original MS. and
line 9 of this printing.— Editor] of this Section shall be so con-
strued as to mean and include all surplus or extra moneys, capital,
and every species of personal property of value owned or in pos-
session of any such bank : Provided, Alike rule of taxation shall
apply to the stockholders of all corporations other than banking
institutions. And the General Assembly shall require that all
the property, except that herein permitted to be exempted with-
in the limits of municipal corporations, shall be taxed for cor-
porate purposes and for the payment of debts contracted under
authority of law. The bondid debt of any County, townshi|), ^lY\\^t "^
school district, municipal corporation or political division or sub-
division of this State shall never exceed eight per centum of the
assessed value of all the taxable property therein. And no Coun-
ty, township, municipal corporation or other political division of
this State shall hereafter be authorized to increase its bonded in-
debtedness if at the time of any proposed increase thereof the ag-
gregate amount of its already existing bonded debt amounts to
eight per centum of the value of all taxable property therein as
ascertained by the valuation for State taxation.

And wherever there shall be several political divisions or mu-
nicipal corporations covering or extending over the same terri-
tory, or portions thereof, possessing a power to levy a tax or con-
tract a debt, then each of such political divisions or municipal
corporations sha-U so exercise its power to increase its debt under
the foregoing eight per cent, limitation that the aggregate debt
over and upon any territory of this State shall never exceed fif-
teen per centum of the value of all taxable property in such terri-
tory as valued for taxation by the State : Provided, That nothing
herein shall prevent the issue of bonds for the purpose of paying
or refunding any valid municipal debt heretofore contracted in
excess of eight per centum of the assessed value of all the taxable
property therein.

Section 6. The credit of the State shall not be pledged or credit ot
loaned for the benefit of any individual, company, association or state.
corporation ; and the State shall not become a joint owner of or

stockholder in any comjiany, association or corporation. The
For what General Assembly shall not have power to authorize any County
Fe vTfd ' o^ or township to levy a tax or issue bonds for any purpose except
bonds issued, for educational purposes, to build and repair public roads, build-
ings and bridges, to maintain and su|)[)ort prisoners, pay jurors,
County officers, and for litigation, quarantine and Court expenses,
and for ordinary County purposes, to support paupers, and pay
past indebtedness.
Scrip, cerii- SECTION 7. No scrip, certificate or other evidence of State in-
flcatc, or evi- dgbtedness shall be issued except for the redemption of stock,

dence of bUite ^ . i ■ i ^

debt. bondsor Other evidence of indebtedness previously issued, or tor

such debts as are expressly authorized in this Constitution.

Receipts and SECTION 8. An accurate statement of the receii)ts and expend-
expenditures. itures Of the public money shall be published with the laws of
each regular ses.sion of the General Assembly, in such manner as
ma.y by law be directed.

jjoney. SECTION 9. Money shall be drawn from the Treasury only in

pursuance of appropriations made by law.

Fiscal year. SECTION 10. The tiscal year shall Commence on the first day of
January in each year.

Public debt SECTION 11. To the end that the public debt of South Caro-
lina may not hereafter be increased without the due considera-
tion and free consent of the people of the State, the General As-
sembly is hereby forbidden to create any further debt or obliga-
tion, either by the loan of the credit of the State, by guaranty,
endorsement or otherwise, except for the ordinary and current
business of the State, without first submitting the question as to
the creation of such new debt, guaranty, endorsement or loan of
its credit to the qualified electors of this State at a general State
election ; and unless two-thirds of the qualified electors of this
State, voting on the question, shall be in favor of increa.sing the
debt, guaranty, endorsement or loan of its credit, none shall be
created or made. And any debt contracted by the State shall be

state bonds, by loan on State bonds, of amounts not less than fifty dollars each
bearing interest, payable not more than forty years after final pas-
sage of the law authorizing such debt. A correct registry of all
such bonds shall be kept by the Treasurer in numerical order, so
as to always exhibit the number and amount unpaid, and to
whom severally made payable. And the General Assembly shall
levy an annual tax sufficient to pay the annual intt'rest on said
bonds.

Safe-keeping SECTION 12. Suitable laws shall be passed by the General As-
fundb^'''"'' sembly for the safe-keeping, transfer and disbursement of the
State, County and school funds; and all officers and other per-
sons charged with the same shall keep an accurate entry of each
sum received, and of each payment and transfer, and shall give
such security for the faithful discharge <if such duties as the (Gen-
eral Assembly may provide. And it shall Ije the duty of the Gen-

eral Assembly to pass laws making embezzlement of sueh funds a Emhezzie-
felony, punisliahle l)y fine and imprisonment, proportioned to the ",\ y " *■ °*' ^^^'
amount of the deficiency (u* embezzlement, and the party con-
victed of such felony shall he disqualified from ever holding any
ofiice of honor or emolument in this State: Provided, however, ornerai As-
That the General yVsscmbly, by a two-thirds vote, may remove r'eI,l',o'v^e. '"^^
the disability upon payment in full of the principal and interest
of the sum embezzled.

Skction 18. The General Assembly shall provide for the as- one assess-
sessment of all property for taxation ; and State, County, town- "I'^H '"'' '*"
ship, school, municipal and all other taxes shall be levied on the
same assessment, which shall be that made for State taxes; and
the taxes for the subdivisions of the State shall be levied and col-
lected by the respective fiscal authorities thereof.

ARTICLE XI.

EDUCATION.

Section 1. The supervision of public instruction shall be superintend-
vested in a State Superintendent of Education, who shall be t/on"' ^'^'"'^'*"
elected for the term of two years by the qualified electors of the
State, in such manner and at such time as the other State officers
are elected ; his powers, duties and compensation shall be defined
by the General Assembly.

Section 2. There shall be a State Board of Education, com- ^^^^^ Board
loosed of the Governor, the State Superintendent of Education, of Education.
and not exceeding seven persons to be appointed by the Governor
every four years, of which Board the Governor shall be Chairman,
and the State Superintendent of Education, Secretary. This Board
shall have the regulation of examination of teachers applying for
certificates of qualification, and shall award all scholarships, and
have such other powers and duties as may be determined by law.
The traveling expenses of the persons to be appointed shall be
provided for by the General Assemblj'.

Section 3. The General As.sembly shall n)ake provision for school officers
the election or appointment of all other necessary school officers,
and shall define their qualifications, powers, duties, compensation
and terms of office.

Section 4. The salaries of the State and County school officers .salaries of
and compensation of County Treasurers for collecting and dis- gn'd"' Cmmty
bursing school moneys shall not be paid out of the school funds, Treasurer,
but shall be otherwise provided for by the General A.ssembly.

Section 5. The General Assembly shall provide for a liberal
system of free public schools for all children between the ages of Free public
six and twenty-one years, and for the division of the Counties schools.

School d i s-
tricts.

Bonded debt.

Graded
school dis-
tricts.

Three mill
tax for public
schools.

Trustees dis-
burse.

Enrollment.
Trustees.

Supplemen-
tary tax.

into suitable school districts, as compact in form as practicable,
having regard to natural boundaries, and not to exceed forty-nine
nor be less than nine square miles in area : Provided, That in
cities of ten thousand inhabitants and over, this limitation of area
shall not apply : Provided, fiirtlnr, That when any school dis-
trict laid out under this Section shall embrace cities or towns al-
ready embraced into special school districts in which graded
school buildings have been erected by the issue of bonds, or by
special taxation, or by donation, all the territory included in said
school district shall bear its just proportion of any tax that may
be levied to liquidate such bonds or support the public schools
therein: Provided, Jurther, That nothing in this Article con-
tained shall be construed as a repeal of the laws under which the
several graded school districts of this State are organized. The
present division of the Counties into school districts and the pro-
visions of law now governing the same shall remain until changed
by the General Assembly.

Section 6. The existing County Boards of Commissioners of
the several Counties, or such officer or officers as may hereafter be
vested with the same or similar i)Owers and duties, shall levy
an annual tax of three mills on the dollar upon all the taxable
property in their respective Counties, which tax shall be collected
at the same time and by the same officers as the other taxes for the
same year, and shall be held in the County treasury of the re-
spective Counties ; and the said fund shall be apportioned among
the school districts of the County in proportion to the number of
pupils enrolled in the public schools of the respective districts,
and the officer or officers charged by law with making said ap-
portiontment shall notify the Trustees of the respective school dis-
tricts thereof, who shall i^xpend and disburse the same as the Gen-
eral Assembly may prescribe. The General Assembly shall
define "enrollment." Not le.ss than three Trustees for each
school district shall be selected from the qualified voters
and taxpayers therein, in such manner and for such terms
as the General Assembly may determine, except in cases of
si>ecial school districts now e.xisting, where the provisions of
law now governing the same shall remain unchanged by the
General Assembly: Provided, The manner of the selection of
said Trustees need not be uniform throughout the State. There
shall be assessed on all taxable polls in the State between the ages of
twenty-one and sixty years (excepting Coiifeilerate soldiers above
the age of fifty years,) an annual tax of one dollar on each poll,
the proceeds of which tax shall be expended for school purposes
in the several school districts in which it is collected. Whenever
during the three next ensuing fiscal years the tax levied by thesaid
County Boards of Commissioners or similar officers and the poll
tax shall not yield an amount equal to three dollars per capita of
the number of children enrolled in the public schools of each

County for the scholastic year ending the thirty-first day of Octo-
ber in the year eighteen liundred and ninety-flve, as it appears in
the report of the State Superintendent of Education for said sciiol-
astic year, the Comptroller-General shall, for the aforesaid three
next ensuing fiscal years, on the first day of each of said years,
levy such an annual tax on the taxable property of the State as
he may determine to be necessary to make up such deficiency, to
be collected as other State taxes, and apportion the same among
the Counties of the State in proportion to the respective deficien-
cies therein. The sum so apportioned shall be paid by the State
Treasurer to the County Treasurers of the respective Counties, in
proportion to the respective deficieneies therein, on the warrant
of the (!oniptroller-General, and shall be apportioned among the
school districts of the Counties, and disbursed as other school
funds; and from and after the thirty-first day of December, in the
year eighteen hundred and ninety-eight, the General Assembly
shall cause to be levied annually on all the taxable property of
the State such a tax, in addition to the said tax levied by the said
County Boards of Commissioners or similar officers, and poll tax
above provided, as may be necessary to keep the schools open
throughout the State for such length of time in each scholastic
year as the General Assembly may prescribe ; and said tax shall
be apportioned among the Counties in proportion to the deficien-
cies therein and disbursed as other school funds. Any school dis- School dis-
trict may by the authority of the General Assembly levy an addi- triottax.
tional tax for the support of its schools.

Sectiok 7. Separate schools shall be provided for children of
the white and colored races, and no child of either race shall ever separate
be permitted to attend a school provided for children of the other
race.

Section 8. The General Assembly may provide for the main- state Uni-
tenance of Clemson Agricultural College, the University of South ^CTemson Ag-
Carolina, and the Winthrop Normal and Industrial College, a j'^^,^'^'"''" ^'"''
branch thereof, as now established by law, and may create scholar-
ships therein ; the pi'oceeds realized from the land scrip given by Land script.
the Act of Congress passed the second day of July, in the year
eighteen hundred and sixty-two, for the support of an agricultu-
ral college, and any lands or funds which have heretofore been or
may hereafter be given or appropriated for educational purposes
by the Congress of the United Slates, shall be applied as directed in
the Acts appropriating the same : Provided, That the General As-
sembly shall, as soon as practicable, wholly separate Claflin College
from Claflin Universily, and provide for a separate corps of pro- verslty"
fessorsand instructors therein, representation to be given to men m'i°)Tndu'stri-
and women of the negro race; and it shall be the Colored Nor- a^j al'^d^'ivie-
mal Industrial, Agricutural and Mechanical College of this chanicai coi-

' lege.

State.

4(;

Property or SECTION 9. Tlie property or credit of the State of South Car-
simlinotbMet olina,()r of any County, eity, town, township, school ilistrict, or
fnltitut'i^ns''" other subdivision of the said State, or any public money, from
whatever source derived, shall not, by gift, donation, loan, con-
tract, appropriation, or otherwise, be used, directly or indirectly,
in aid or maintenance of any college, school, hospital, orphan
house, or other institution, society or organization, of whatever
kind, which is wholly (U- in part under the direction or control of
any church or of any religious or sectarian denomination, society
or organization.
Giftsforedu SECTION 10. All gifts of every kind for educational purposes,
cationai pin- if accepted by the General Assembly, shall be applied and used
^°'^''' for the purposes designated by the giver, unless the same be in

conflict with the provisions of this Constitution.
Gifts to State. SECTION 11. All gifts to the State where the purpose is not
designated, all escheated projjerty, the net assets or funds of all
Assets of es- estates or copartnerships in the hands of the Courts of the State
JrJilii'ips!''""'' where there have been no claimants for the same within che last
seventy years, and other money coming into the Trea.sury of the
State by reason of the twelfth Section of an Act entitled "An Act
Direct tax. to provide a mode of distribution of the moneys as direct tax
from the citizens of this State by the United States in trust to the
State of South Carolina," approved the twenty-fourth day of De-
cember, in the year eighteen hundred and ninety-one, together
with such other means as the General Assembly may provide, shall
stiite school ^^ securely invested as the State School Fund, and the annual in-
fund. come thereof shall be apportioned by the General Assembly for

the purpose of maintaining the public schools.
Income from SECTION 12. All the net income to be derived by tlie State
?'^.''!."J'J'i'™"*''r from the sale or license for the sale of siairituous, malt, vinous and
liquors. intoxicating liquors and beverages, not including so much thereof

as is now or may hereafter be allowed by law to go to the Coun-
ties and municipal corporations of the State, shall be applied an-
nually in aid of the supplementary taxes provided for in the sixth
Section of this Article ; and if after stiid application there should
be a surplus, it shall be devoted to public school purposes, and ap-
portioned as the General A.ssembly may determine: Provided
however, That the said supplementary taxes shall only be levied
when the net income aforesaid from the sale or license for the
sale of alcoholic liquors or beverages are not sutHcient to meet
and equalize the deliciencies for which the said supplementary
taxes are provided.

ARTICLE XII.

CHARITABLE AND PENAE INSTITUTIONS.
I n .stltutions
for blind, In- SECTION 1. Institutions for the care of the insane, blind .l^f
sane, deaf and , i i i 4.1 , ,, . , 1 ^'i ni

dumb. and dumb and the poor shall alwtiys be fostered andsupptn-ted hy

this State, and shall be subject to such regulations as the General
Assembly may enact.

Section 2. The Regents of the State Hospitttl for the Insane state hos-
and the Superintendent thereof, who shall be a physician, shall Sine, otHcers
be appointed by the Governor, by and with the advice and consent "''
of the Senate. All other physicians, officers and employees of
the Hospital shall be appointed by the Regents, unless otherwise
ordered by the General Assembly.

Section 3. The respective Counties of this State shall make county pooi-.
such provision as may be determined by law for all those inhab-
itants who by reason of age, infirmities and misfortune may have
a claim upon the sympathy and aid of society.

Section 4. The Directors of the benevolent and penal State Direcfm-s of
institutions which may be hereafter created shall be appointed or a n d' p e n a i
elected as the General Assembly may direct. timSs mstitu-

. Section 5. The Directors and Superintendent of the Peniten- „. .

'^ Directors of

tiary shall be appointed or elected as the General Assembly may Penitentiary.
direct.

Section 6. All convicts sentenced to hard labor by any of the convicts sen-
Courts in this State may be employed upon the public works of p™''.'* <■" hard
the State or of the Counties and upon the public highways.

Section 7. Provision may be made by the General Assembly Keformatory
for the establishment and maintenance by the State of a Reform- feniers!"'''^°'
atory for juvenile offenders separate and apart from hardened
criminals.

Section 8. The Governor shall have power to fill all vacancies vacancies,
that may occur in the offices aforesaid, except where otherwise
provided for, with the power of removal until the next session of
the General Assembly and until a successor or successors shall be
appointed and confirmed.

Section 9. The Penitentiary and the convicts thereto sen- control of
fenced shall forever be under the supervision and control of offi- convicts,
cers employed by the State; and in case any convicts are hired or
farmed out, as may be provided by law, their maintenance, sup-
port, medical attendance and discipline shall be under the direc-
tion of officers detailed for those duties by the authorities of the
Penitentiary.

ARTICLE XIII.

militia.

Section 1. The militia of this State shall consist of all able- ^i^^^^
bodied male citizens of the State between the ages of eighteen and
forty-five years, except such persons as are now or may be ex-,
empted by the laws of the United States or this State, or who
from religious scruples may be averse to bearing arms, and shall
be organized, officered, armed, equipped and disciplined as the
General Assembly may by law direct.

When e X-
empt from ar-
rest.

Governor
may call out.

A d J u t an I

Section 2. The volunteer and militia forces shall (except for
treason, felony and breach of the peace) he exempt from arrest by
warrant or other process while in active service or attending mus-
ter or the election of ofHcers, or while going to or returning from
either of the same.

Section 3. The Governor shall have the power to call out the
volunteer and militia forces, either or both, to execute the laws,
repel invasions, suppress insurrections and preserve the pul)lic
peace.

Section 4. There shall be an Adjutant and Inspector General
Genirar"'"'" elected by the qualified electors of the State at the same time and
in the same manner as other State officers, who shall rank as Brig-
adier General, and whose duties and compensation shall be pre-
staff officers, scribcd by law. The Governor shall, by and with the advice and
consent of the Senate, appoint such otiier staff officers as the Gen-
eral Assembly may direct.

Section 5. The General Asisembiy is hereby empowered and
required, at its first session after the adoption of this Constitu-
tion, t() provide such proper and liberal legislation as will guar-
antee and secure an annual pen.sion to every indigent or disabled
Confederate soldier and sailor of this State and of tlie late Confed-
erate States who are citizens of this State, and also to the indigent
widows of Confederate soldiers and sailors.

Pensions.

ARTICLE XIV.

eminent domain.

Boundary SECTION 1. The State shall have concurrent jurisdiction on
rivers. ^jj j.jyg^g bordering on this State, so far as sucii rivers shall form

a common boundary to this and any other State bounded by the
same; and they, together with all navigable waters within the
limits of the State, shall be common higiiways and forever free
as well to the inhabitants of this State as to the citizens of the
United States, without any tax or impost therefor, unless the
same be expressly provided for by the General Assembly.

Section 2. The title to all lands and other property which
have heretofore accrued to this State by grant, gift, purchase, for-
feiture, escheats or otherwise shall vest in the State of South'car-
olina, the same as though no change had taken place.
Section 3. The people of the State are declared to possess the
IZV*'^ '" ultimate property in and to all lands within the jurisdiction of
the State; and all lands the title to which shall fail from defect of
heirs shall revert or escheat to the people.

Title to cer-
tain lands.

Ultimate

49
ARTICLE XV.

IMPEACHMENT.

Section 1. The House of Representatives shall have the sole Power of im-
power of impeachnient. A vote of two-thirds of all the mem- p^^°^""^"^-
hers elected shall he required for an impeachment. Any officer peaci^a!"^ ''"'
impeached shall thereby be suspended from office until judg-
ment in the case shall have been pronounced ; and the office shall
be filled during- the trial in such manner as may be provided by
law.

Section 2. All impeachments shall be tried by the Senate, . senatetry

. '^ ■ •' ' impeacliment.

and when sitting for that purpose they shall be under oath or
affirmation. No person shall be convicted except by a vote of
two-thirds of all the members elected. When the Governor is
impeached, the Chief Justice of the Supreme Court, or if he be
disqualified, the Senior Justice shall preside, with a casting vote preside.
in all preliminary questions.

Section 3. The Governor and all other executive and judicial officers liable
officers shall be liable to impeachment; but judgment in such cases to.
shall not extend further than removal from office. The persons
convicted shall, nevertheless, be liable to indictment, trial and
punishment according to law.

Section 4. For any wilful neglect of duty, or other reason- Removal of
able cause, which shall not be sufficient ground of impeachment,
the Governor .shall remove any executive or judicial officer on the
address of two-thirds of each house of the General Assembly:
Provided, That the cause or causes for which said removal may
be required shall he stated at length in such address, and entered
on tlie .Journals of each house: And provided, further , That the
otHcer intended to be removed shall be notified of such cause or
causes, and shall be admitted to a hearing in his own defence, or
by his counsel, or by both, before any vote for such address; and
in all eases the vote shall be taken by yeas and nays, and be en-
tered on the Journal of each house respectively.

ARTICLE XVI.

amendment and revision of the CON.STITUTION.

Section 1. Any amendment or amendments to this Constitu- Amendments,
tion may be proposed in the Senate or House of Representatives.
If the same lie agreed to by two-thirds of the members elected to
each house, such amendment or amendments shall be entered on
the .lournals respectively, with the yeas and nays taken thereon ;
and the same shall be submitted to the qualified electors of the

State at the next general election thereafter for Representatives ;
and if a majority of the electors qualiflefl to vote for members of
the General Assembly, voting thereon, shall vote in favor of such
amendment or amendments, and a majority of each branch of
the next General Assembly shall, after such an election and before
another, ratify the same amendment or amendments, by yeas an<l
nays, the same shall become part of the Constitution : Provided,
That such amendment or amendments sliall have been read three
times, .on three several days, in each house.

Two or more. SECTION" 2. If two or more amendments shall be submitted
at the same time, they shall be submitted in such manner that
the electors shall vote for (jr against each of such amendments
separately.

Section 3. Whenever two-thirds of the members elected to
each branch of the General Assembly shall think it necessary to

Constitution- call a Convention tn revise, amend or change this Constitution,
they shall recommend to the electors to vote for or against a Con-
vention af the next election for Representatives; and if a major-
ity of all the electors voting at said election shall have voted for a
Convention, the General Assembly shall, at its next session, pro-
vide by law for calling the same; and such Convention shall con-
sist of a number of members equal to that of the most numerous
branch of the General Assembly.

al Con\'(nition.

ARTICLE XVII.

MISCELLANEOUS MATTERS.

Quaiitic-a- SECTION 1. No person shall be elected or appointed to any
tion oiuttieers. ,-,^,.^, j,-^ thlfi State unless he possess the (lualifications of an elec-
tor: Provided, The provisions of this Section shall not apply to
the offlcesof State Librarian and Departmental Clerks, to either
of which offices any woman, a resident of the State two yeai-s,
who has attained the age of twenty-one years, shall be eligible.
Claims SECTION' 2. The General Assembly may direct by law, in what
agai.isi state, manner claims against the State may be established and adjusted.
Divorces. SECTIONS. Divorces from the bonds of matrimony shall not

be allowed in this State.

Supreme Be- SECTION 4. No person who denies the existence of a Supreme
'"'^- Being shall hold any office under this (;"onstitution.

Pubiieprint- SECTION 5. The printing of the laws, journals, bills, legishi-

'"g- tive documents and papers for each branch of the General Asse,)',.

biy, with Ihe printing required for the Executive and other de-

partments of the State, shall he let, on contraot, in such manner as
shall he prescrihecl liy law.

SBCTfON 6. The General Assembly shall provide for the re- caul"."^*' °'
moval of all causes which may be pending when this Constitu-
tion goes into effect to (Jourts created by the same.

Section 7. No lottery shall ever be allowed, or be advertised Lotteries,
by newspapers, or otherwise, or its tickets be sold in this State ;
and the General Assembly shall provide by law at its next session
for the enforcement of this provision.

Section 8. It shall be unlawful for any person holding an of- Gambling
flee of honor, trust or profit to engage in gambling or betting on ""'i betting,
games of chance ; and any such officer, upon conviction thereof,
shall become thereby disqualified from the further exercise of the
functions of his office, and the office of said person shall become
vacant, as in the ca.-^e of resignation or death.

Section 9. Tlie real and personal property of a woman held Property of
at the time of her marriage, or that which she may thereafter ac- men.
quire, either by gift, grant, inheritance, devise or otherwise, shall
be her separate property, and she shall have all the rights inci-
dent to the same to which an unmarried woman or a man is en-
titled. She shall have the power to contract and be contracted
with in the same manner as if she were unmarried.

Section 10. All laws now in force in this State and not repug- ,

Jjfl. ws now ol

nant to this Constitution shall remain and be enforced until al- force.
tered or repealed bj' the (jleneral Assembly, or shall expire by
their own limitations.

Section 11. That no inconvenience may arise from the
change in the Con,stitution of this State, and in order to carry
this Constitution into complete operation, it is hereby declared :

First. That all laws in force in this State, at the time of the ^awsnowof
adoption of this Constitution, not inconsistent therewith and con- force,
stitutional when enacted, shall remain in full force until altered
or repealed by the General Assembly or expire by their own lim-
itation. All ordinances passed and ratified at this Convention ordinances,
shall have the same force and effect as if included in and consti-
tuting a part of this Constitution.

Second. All writs, actions, causes of action, proceedings, prose- w r 1 1 s, ac-
cutions, and rights of individuals, of bodies corporate and of the """^ Re-
state, when not inconsistent with this Constitution, shall continue
as valid.

Third, The provisions of all laws which are inconsistent with
this Constitution shall cease upon its adoption, except that all ^ j'ft'J^n ;"^?t°h
laws which are inconsistent with such provisions of this Consti- Constitution,
tution as require legislation to enforce them shall remain in force
until such legislation is had.

Fourth. All fines, penalties, forfeitures and escheats accruing Y\-ne&. &c.,
to the State of South Carolina under the Constitution and laws acenung:
heretofore in force shall accrue to the use of the State of South

R e c o g n i
zances, &c.

Inrtictments

All (tffiv er

hold OVLT.

Carolina under this Constitution, except as herein otherwise pro-
vided.

I'iflh. All recognizances, obligations and all other instruments
entered into or executed before tlie adoption of this Constitution
to the State, or to any County, township, city or town therein,
and all fines, taxes, penalties and forfeitures due or owing to this
State, or to any County, township, city or town therein, and all
writs, prosecutions, actions and proceedings, except as herein
otherwise provided, shall continue and remain unaffected by the
adoption of this Constitution. All indictments which shall have
been found, or may hereafter be found, for any crime or offence
committed before the adoption of this Constitution may he prose-
cuted as if no change had been made, except as otherwise pro-
vided herein.

Sixt/i. All officers. State, executive, legislative, judicial, circuit,
district. County, township and municipal, who may be in office
at the adoption of this Constitution, or who may be elected before
the election of their successors as herein provided, shall hold their
respective offices until their terms have expired and until their
successors are elected or appointed and qualified as provided in
this Constitution, unless sooner removed as may be provided by
coiiipensii- li^^' ) 'I'l'i shall receive the compensation now fixed by the Statute
Laws in force at the adoption of this Constitution.

Sfveiilh. At all elections held for members of the General As-
sembly in case of a vacancy, or for any other office. State, County
or municipal, the qualifications of electors shall remain as they
were under the Constitution of eighteen hundred and sixty-eight
until the first day of Novemher, in the year eighteen hundred
and ninety-six.

Eighth.. This Ctonstitution, adopted by the people of South
Carolina in Convention assembled, shall be in force and effect
from and after the thirty-first day of December, in the year eigh-
teen hundred and ninety-five.

Ninth. The provisions of the Constitution of eighteen hundred
/'irs''-"""'!' ''^"'' ^i^'^y'Siglit and amendments thereto are repealed by this
°a. "^'''^ Constitution, except when re-ordained and declared herein.

Done in Convention in Columbia on the fourth day of
December, in the year of our Lord one thousand
eight hundred and ninety-five.

JOHN GARY EVANS,

President of the Convention.
IRA B. JGNES,
Vice President of the Convention.

tion

Elec-tiony.

Takes eflect.

Attest ;

S. W. Vance,

Secretary of the Convention.

Delegates from Abbeville:

FRANK B. GARY.
ROBERT R. HEMPHILL.
,J. C. KLUGH.
I. H. MoCALLA.
R. F. McCASLAN.
W. C. McGOWAN.

Delegates from Aiken:

D. S. HENDERSON.
R. L. GUNTER.

F. P. WOODWARD.

Delegates prom Anderson :

J. E. BRKAZEALE.
GEO. E. PRINCE.
J. M. SULLIVAN.

D. H. RUSSELL.

J. PERRY GLENN.
L. D. HARRIS.

Delegates from Barnwell i

W. C. SMITH.

C. M. HIERS.

A. HOWARD PATTERSON.

ROBERT ALDRICH.

G. DUNCAN BELLINGER.
GEO. H. BATES.

Delegates from Beaufort :
None.

Delegates from Berkeley:

E. J. DENNIS.

J. B. MORRISON.
H. H. MURRAY.
JAS. B. WIGGINS.
R. C. McMAKIN.
A. H. DbHAY.

DeijEgates from Charleston :

JULIAN MITCHELL.

J. N. NATHANS.

W. St. JULIEN JERVEY.

GEO. F. VON KOLNITZ, .Jr.

J. P. K. BRYAN.

JOS. L. OLIVER.

WILLIAM MOSELEY FITCH.

Delegates fkom Chester:

J. L. GLENN.

T. J. CUNNINGHAM.

R. O. ATKIN.SON.

GEORGE WILLIAMS GAGE.

Delegates prom Chesterfield :

E. .1. KENNEDY.

E. N. REDFEARN.

F. P. TAYLOR.

Delegates from Clarendon:

DANIEL J. BRADHAM.
JOSEPH S. CANTEY.
JOHN W. KENNEDY.
*J. M. SPROTT.

Delegates from Colleton:

1). H. BEHRE.
L. E. PARLER.
C. W. GARRIS.
M. R. COOPER.
M. P. HOWELL.

Delegates from Darlington:

J. O. A. MOORE.
HENRY CASTLES BURN.
J. N. PARROTT.

Delegates from Edgefield :

B. R. TILLMAN.
W. J. TALBERT.
W. H. TIMMERMAN.

G. D. TILLMxVN.
J. C. SHEPPARD.
R. B. WATSON.

Delegates from Fairfield :

G. W. RAGSDALE.
W. L. R08B0K0U(;h.
THOS. W. BRICE.

Delegates from Florence:

R. M. McGoWAN.
W. F. CLAYTON.
BROWN B. MrWHITK.
*J. O. BYRD.
Delegates from Georcjetown:

I. HARLESTON READ.

E. F. MATHEWS.
*Died during session.

■')■')
Delegates from Greenville:

J. WALTER GRAY.

G. G. WELLS.

J. TPIOMAS AUSTIN.

HUGH M. BARTON.

HUGH B. BUIST.

HENRY J. HAYNSWORTH.

Delegates from Hampton :

WILLIAM J. GOODING.
CHARLES .J. C. HUTSON.
AMOS J. HARRISON.

Delegates from Horky:

JOHN P. DERHAM.
J. A. McDERMOTTE.
JEREMIAH SMITH.

Delegates from Kershaw:

J. W. FLOYD.
C. L. WINKLER.
S. T. HAY.

Delegates from Lancaster:

J. N. ESTRIDGE.
JNO. W. HAMEL.

Delegates from Laurens:

ALEX. J. SMITH.
R. L. HENRY.
J. H. WHARTON.

Delegates from Lexington:

C. M. EFIRD.
J. L. SHULER.
E. L. LYBRAND.

Delegates fkum Marion :

W. J. MONTGOMERY.
J. EDWIN ELLERBE.
E. B. BERRY.
JAMES D. MONTGOMERY.

Delegates from Marlboro:

THOMAS EDWARD DUDLEY.

W. DeWITT EVANS.

THOS. IRBY ROGERS.

^ROBERT HAYNE HODGES.
*Died during session.

Delegates prom Newberky :

GEORGE JOHNSTONE.
J. A. SLIGH.
GEO. S. MOWER.
JOS. L. KEITT.

Delegates from Oconee:

J. C. ALEXANDER.

0. M. DOYLE.
WM. J. STRIBLING.

Delegates from Orangeburg :

1. W. BOWMAN.
L. S. CX)NNOR.
E. H. HOUSE R.
OSCAR R. LOWMAN.
A. K. SMOKE.

J. WM. STOKES.

Delegates from Pickens:

AVM. THOS. FIELD.
WM. THOS. BOWEN.
R. FRANK SMITH.

Delegates from Richland :

JOHN T. SLOAN.

JOHN JOSEPH Mc.'NL'S.HAN.

WILIE J( )NES.

H. 0. PATTON.

Delegates from Spartanburg:

C. A. BARRY.

M. O. ROWLAND.

W. T. BOBO.

W. E. CARVER.

A. S. WATERS.

T. EARLE JOHNSON.

STANYARNE WILSON.

Dele(;ates fro.m Sumter:

T. B. ERASE H.
RICHARD D. lee.
GEO. P. McKA(iEN, Sr.
SHEPARD MASH.
JAS. H. SCARBORorCiH.
R. P. STACKHOUSE.

Delegates from Union :

JAMES T. DOUGLASS.
WM. A. NICHOLSON.
C. H. PEAKE.
J. C. OTTS.

Delegates fkom Williamsbukg:

S. W. GAMBLE.
THOS. M. GILLAND.
GEORGE J. GRAHAM.
WM. R. SINGLETARY.

Delegates from York :

A. H. WHITE.

W. BLACKBURN WILSON.

J. FRANK ASHE.

GENERAL INDEX.

Art. Sec. Page.

Able-bodied male citizens between 18 and 45 compose militia XIII 1 47

Absence, temporary, does not forfeit residence I 12 8

Account of public moneys to be published each year X 8 42

Accused confronted with witnesses I 18 8

have public trial by jury I 18 8

have compulsory process for witnesses I 18 8

heard in defence I 18 8

informed of accusation I 18 8

Act or joint resolution shall relate to one subject, to be expressed

in title HI 17 15

of Congress, proceeds of land scrip under XI 8 45

Actions, all to continue except XVII 11 51

Adjutant and Inspector-General, compensation, duties, election,

rank XIH 4 48

compensation, term of office,

election by IV

Age of school children XI

Agent, no extra compensation Ill

eacli corporation must keep one in State on whom process

may be served IX

Aliens, lands held by, to be limited Ill

Amendments to Constitution, how proposed, to be entered on Jour-
nals, submitted to electors, rati-
fied, read three times XVI 1 49

when two or more proposed must be

voted on separately XVI

Appeal from Circuit Courts

Magistrates

Municipal Courts

Kegistration officer

Appropriations for repelling invasion, &c

Arbitrators to be provided for

Arms, right to people to keep and bear

Armed body of men, none, or of armed police force, shall ever be

brought into State, except when yil 9 32

Armies shall not be maintained without consent of General Assem-
bly

Arrest, volunteer and militia forces exempt from, when XIII

electors privileged from, when

Associate Justices, election of

classification of

present, part of Court

term of office of

third, election of

Association, foreign, cannot build or lease a railroad in, or in part

in this State

Assessment, uniform rate provided for

Assets of estate or copartnerships not claimed for 70 years shall lie

invested as school funds XI ii 45

lVI

III

Asylums, certain projjerty of, exempt from taxation

Attainder, no bill of, shall be passed

Attendance of absent members may be compelled

Attorney-General, term of office of

to same effect . . .•

compensation of

to same effect

election by

duties of

Authority, supreme executive of the State vested in

Bail, excessive shall not be required

Ballot, all elections shall be by

Ballots shall never be counted in secret

Bar, members of, oath of

Banks to be examined

Banks, shares of stockholders must be taxed for municipal pur-
poses where bank is situated

Banking corporations must operate under general laws

Benevolent State institutions, directors of, how appointed

Betting unlawful in officer

officer engaging in, loses office

Bills, printing of

appropriation, Governor may veto any part

Governor must return in three days unless

must be signed or vetoed by Governor

revenue, must originate in House

others may originate in either house

or joint resolutions, read three times

must have "great seal"

signed by President of Senate

Speaker of House

Blind, institution provided for

Board of Canvassers file duplicates of returns of elections for Gov-
ernor with Clerk of Court

forward returns of election for Governor to

Secretary of State

Pardons provided

Registration provided

Boards of public institutions to report to Governor

health may be selected

Bonds of munieipalities, elections to issue

fictitious, void

how issued in municipalities

issued only for labor, money or property

Bonded municipal debt limited

may be refunded

question of issue must be submitted to
electors

sinking fund must be created to redeem. . .

debt of Counties, &c., limited

Books of registration, close of

Burying grounds exempt from taxation

Boundary rivers common highways

State has concurrent jurisdiction over

AH. Sec.

Page.

III

XII

XVII

,111

III

XII

VIII

XIV

Art. Sec. Page.

Causes, removal of, into Courts created herein XVII 6 51

of action continue, except XVII 11 51

Certificate or receipt of ofQcer, autharized to collect, proof of pay-
ment of taxes n 4 10

of registration must be issued to registered elector. ... II 4 11

renewal II 4 H

requisite for voting in municipal election 11 12 12

of State indebtedness, none issued except for X 7 42

of indebtedness may be issued VIII 7 34

Challenge, person sending or accepting, deprived of holding office. I 11 8

Charge, none levied without consent I "^ 7

Charges, extortion in ; to be prevented IX 13 38

Charitable institutions, property of, exempt from taxation X 4 40

Charleston County, Court of Probate in V 18 27

Charter, bill for special, may be introduced, how IX 2 35

Charters, not organized under, subject to the provisions of this Ar-
ticle IX 16 39

Chief Justice, election of V 2 24

term of office of V 2 24

present, declared to be V 3 24

may call in Circuit Judges V 12 25

preside when Governor impeached XV 2 49

Chief Magistrate, supreme executive authority IV 1 19

vested in IV 1 19

styled "The Governor of the State of South Car-
olina" IV 1 19

Child of either race shall not attend school of the other XI 7 45

Churches, property of, exempt from taxation X 4 40

Circuit Court, judicial power vested in V 1 23

General Assembly may provide for holding of, by

men learned in the law V 6 24

Judges of, powers at chambers V 25 28

Circuit Courts have such powers as General Assembly may grant. . V 25 28

petit jury in V 22 28

may impose sentence of labor on highways V 33 29

Circuit Judge, election of V 13 26

file decisions in 60 days after last Court in Circuit. . V 17 26

interchange Circuits V 14 26

mustbeelectorinCounty of Circuit in which elected V 13 26

must reside in Circuit -y 13 26

one must retire if number in Supreme Court even. V 12 26

present, continue in office y ^^3

who tried case cannot sit in Supreme Court on hear-
ing appeal y

powers of, at chambers y 25

have such powers as General Assembly may grant. V 25 28

term of office of y

Citizen, every male elector unless, &c jj 3

City, none organized except by consent of electors yXH 2

no County lino shall hereafter be cut through VII 14

Cities, can levy no tax except in pursuance of law. . . VIII 3

may acquire and operate water and light plants . . VIII

may collect taxes tor corporate purposes , . vm

may exempt manufactories from taxation, how vm

12 26
28
28

13 26
10
33
33
33
34
34
34

Art. Sec. Page.

Cities may be pormitted to Ipvy taxes for corporate purposes X 5 41

may organize under general laws VIII 1 33

powers to levy taxes restrioted VIII 3 33

special charters cease when VIII 1 33

Civil action tried where defendant resides V 23 28

Claims against State, how established XVII 2 50

Claflin University shall be separated from Glaflin College XI 8 45

Clemson Agricultural College may be maintained XI 8 45

certain funds donated to XI 8 45

Clerk of Court of Common Pleas V 27 28

Clerk of all other Courts of record, except V 27 28

to tile duplicate returns of election for Governor. . . IV 4 20

to forward copies to Secretary of State upon notice IV 4 20
to keep a list of electors registered up to January,

1898 II 4 10

certilicate of, sufficient to establish right to regis-
tration II 4 11

how and when removed V 27 28

shall attest writs '. V 31 29

term of office of V 27 28

Clerk of Supreme Court, appointment of V 7 25

term of office of V 7 25

Code of Civil Procedure to be prepared by Commissioner VI 5 30

Colleges, property of, exempt from taxation X 4 40

Colored Normal, Agricultural, Industrial and Mechanical College

of this State XI 8 45

Combinations shall be prevented IX 13 38

Commissioner to codify laws, election of VI 5 30

duties of VI 5 30

report of, to be examined by Committee VI 5 30

report of, to lay on desks of members 1 year VI 5 30

compensation of VI 5 30

Common law liability, corporations cannot relieve themselves of,

as to carriage of passengers IX 3 46

Commutations, Governor may grant IV 11 21

Company, any transportation or transmission, may connect with

or cross other lines IX 6 37

shall receive, transport and transmit freight and mes-
sages without delay IX 6 37

shall not consolidate or control stock of competing or

parallel lines IX

Companies, certain, to be regulated by Commission or otherwise. . IX

Compensation of other officers than those in Section 9, Article 5. . . V

of Attorney Greneral V

of Solicitor V

of members of General Assembly Ill

no extra, to be allowed Ill

of Governor IV

of Lieutentant-Governor IV

of Comptroller-General IV

Comptroller-General, elected by IV

term of office of IV

compensation of IV

C 42

Art. Sec. Page.

County, body politic and corporate ^'11 ^ ^^

bonded debt of, limited X 5 41

Courts, General Assembly may establish V 1 23

establishment of, must )je submitted to an election V 1 24

County, each, one election district m •' -^^

each, one Senator ^^^ ^ ■'''

each, at least one Representative • • m 4 13

each, one election district ^^^ ^ ^^

election on, not ottener than once in four years VII 2 .32

funds, safe keeping of, shall be provided for X 12 42

in case of lynching, may obtain judgment against parties

engaged in ^I ^ ^^

liable for damages in case of lynching VI 6 31

may be authorized to levy tax or issue bonds for what pur-
pose

new, inhabitants, taxable property, area VII 3 32

new, shall bear just proportion of indebtedness \'II G 32

no line of, to be hereafter run through a city or town . . . VII 14 33

no section of, to be out off except by two-third vote VII 2 31

of Edgefield, boundary of VII 12 33

of Saluda, election in VII 12 33

assessment in VII 12 33

collection of taxes in VII 12 33

may be put in Congressional and Judicial Dis-
tricts VII 13 33

old, inhabitants, taxable property, area VII 5 32

old, not to be cut within 8 miles of court house building. . VII 5 32

residence in, one year necessary to vote II 4 10

seat, election for, shall not be held of tener than 5 yi^ars . . . Xll 8 32

seat shall not be removed except upon election VII 8 32

shall provide for poor XII 3 47

Treasurer of, compensation of, for handling school fund

shall not be paid out of same XI 4 43

shall collect school tax XI G 44

Counties, boundaries of present, remain VII 12 44

division into school district shall remain XI 5 44

may be arranged into Congressional and Judicial Districts VII 12 33

may be permitted to tax for corporate purposes X 5 41

name and County seat, election on VII 1 31

new, how established VII 1 31

representation of, in House of Representatives Ill 3 13

shall be divided into school districts XI 5 44

two or more may be consolidated, how YH jq 32

Court of Probate in Charleston County V 19 27

jurisdiction of ' y j^g 27

Judge of, may perform duties of Clerk. V 27 28

Common Pleas, appeal to, from registration offic(>i- n 5 n

from V 15

appellate jurisdiction from inferior Courts V 14

established y ^

jurisdiction of y ^5 26

sit twice a year in each County y is 26

Genei'al Sessions, jurisdiction of y ^^ 27

established y

26
20
24

held twice a year in each County . . \' 18

1 24
27

Art. See. Page.

9 47

Concurrent .iurisdiotion, State shall have, on boundary rivers XIV

Confederate soldiers, pension ot indigent XIII

ovei' 50 years old exempt from poll tax XI

Congressional Districts, General Assembly may form VII

Constables, how appointed V

Constitution, takes effect when XVII

of 1868 repealed XVII

ratified XVII

provisions of, mandatory and prohibitory, except I

Constitutional law, questions of, to be decided by Justices and

Judges, when V

Convention to alter, amend or change Constitution, how called. . . . XVI

composed of how many members XVI

Contempt, punishment tor, shall not extend to imprisonment in

Penitentiary I

Contract and agreement against public welfare shall be prevented. IX
Convicts of Penitentiary shall be under control of State officei-s. . . XII
hired out shall be maintained, supported, disciplined, &c.,

under State officers XII

sentenced to hard labor may be employed on public roads

and highways XII

Conviction shall not work corruption of blood or forfeiture of estate

Coroner, election of

term of office of

residence of

disqualified a second time, if

Corporate franchises not heretofore organized under in good faith

sub.iect to the provisions of this Constitution IX

Corporation defined

any, accepting certain provisions shall be held to what

agreement

domestic, only can consolidate railroads

foreign, cannot build, operate, lease, any railroad or
part of railroad in this State without domestic

charter IX 8 37

General Assembly may provide for service of process

on any agent of IX 4 36

must keep one agent in State on whom process can be

served IX 4 36

organized and doing business in this State must keep

one business ofBce in State IX 4 36

shall not appropriate right of way except IX 9 37

Corporations, banking, can have no special charter, but must oper-
ate under general laws IX

cannot relieve themselves of common law liability as

to passengers IX

engaged in transportation or transmitting intelli-
gence must be taxed as such IX

fiscal, must be examined IX

may buy public lands Ill

public lands shall not be donated to Ill

shall only engage in business authorized by law IX

shall not do prohibited acts through controlling In-
terests in other corporations IX

alien, lands held by, limited Ill

9 37

3 36

Art. Sec. Page.
Court of General Sessions, may appoint Attorney for State pro

tempore ^ 29 29

Courts retain .iurisdiction of mattprs now pending V G 24

siiall be public I IS ^

Credit of State shall not be pledged X 6 41

shall never be used for benefit of any sectarian in-
stitution XI 9 46

Crimes against election laws, correction of 11 5 11

Criminal action tried where crime committed V 23 28

tried in Magistrate's district V 23 28

Deaf and dumb, institutions for, provided XII 1 46

Debt of State, not increased, except, how X 11 42

municipal bonded, limitation of VIII 7 34

may be refunded VIII 7 34

question of, must be submitted to

electors VIII 7 34

to same effect II 13 12

sinking fund must be created to re-
deem VIII 7 34

no imprisonment for, except in cases of fraud I 24 9

Decisions of Justices and Judges must be filed, when V 17 26

of Supreme Court shall be published V 32 29

Defendant tried where offence was committed unless, when VI 1 29

Deflciences in expenses of State Government, how collected X 2 40

Departments of government separate I 14 8

Departmental clerks not subject to provisions of Article 17, Sec-
tion 1 XVII 1 50

Detective agencies, representatives of, armed, shall never be

brought in the State except VIII 9 35

Directors of corporations, how elected XI 11 38

benevolent and penal State institutions, how appointed or

elected XII 4 47

State Penitentiary, how appointed or elected XII 5 47

"Direct tax" shall be invested as school fund XI 11 46

Disability of embezzlement, how removed X 12 43

Discrimination shall be prevented IX 13 38

in charges, none can be made by transportation or

transmission companies IX 5 36

Districts, Congressional and Judicial, may be made VII 13 33

Divorces shall not be allowed XVII 3 50

Doors of each house sliall be open, except HI 23 16

Duel, fighting, aiding or abetting, or sending challenge deprives of

holding office j ^ Y

Duties shall not be levied without consent I 7 7

Educational purposes, gifts for, shall be used as directed XI 10

Election, Managers of, must require of voter payment of all taxes. II 4

III 8 14

for Senators .

Kepresentatives jjj

of members, each house judge of Ill 11 15

district, each County one jjj

to same effect yii

for new County, name and County seat vil 1

removal of County seat yjj

not often than 5 years VII 8 32

3 13
9 32
31

8 32

Election for consolidation of 2 or more Counties

special, for bonded municipal debt

for exempting manufactories from municipal taxation

increasing public debt

calling Constitutional Convention

on Constitutional amendments

Elections shall be free and open

by ballot

never be held in secret

rules for holding, shall be prescribed by General Assem-
bly

ascertaining results shall be prescribed by Gen-
eral Assembly

in municipalities for bonded debt

in General Assembly viva voce

entered on Journals

prior to November 1st, 1896, shall be under Constitution of

1868

Electric plant, how right to construct granted

Elector offering to vote must have paid all taxes for previous year.

every qualified eligible to office, except

defined

must register every ten years

Electors of city or town, consent of majority necessary to organ-
ize

who are, in municipalities on question of issuing bonds

when privileged from arrest

provisions for registration of, by General Assembly

in municipalities, a qualifioation of

Embezzlement, officer removed for

of certain funds, felony

Emploj'ee of railroad, rights and remedies

contract to waive benefit of this Section

void

Employee of railroad, death of, by injury, rights, and remedies to

representatives

knowledge of defective or unsafe appliances

no defense against, except

remedies and rights herein may be extended to other cor-
porations

Enumeration of inhabitants, when had

Escheated property shall be vested in school funds

Escheats accruing shall come to State

Evidence of State indebtedness shall not be Issued except for

Expenses of State Government shall be annually provided for

Executive Department, all officers in, shall report to Governor

Ex post facto laws shall not be passed

Felony to embezzle certain funds

Fiscal year commences

Fines, all accruing shall come to State

Forfeitures accruing shall come to State

Art. Sec. Page.
VII 10 32

VIII
VIII
X
XVI
XVI

I
II
II

7 34

8 34
11 42

VIII
II
II
II
II

II 8 11

II 13 12

III 20 16

XVII 11 51

VIII 2 33

II 13 12

II 14 12

II 8 11

II 12 12

IV 22 22

X 12 43

IX 15 38

XI 15 39

IX 15 39

IX 15 38

III

XVII

8 37

24 9

10 12

XVII

VIII

Art. Sec. Page.
Foreign corporation or association cannot build, operate or lease

any railroad in, or partly in, this State IX 8 37

shall have no general or special favors except on certain

conditions

Fraud, no imprisonment for, except in debt

at primary elections to be punished

Freeholders in municipalities must petition for election to issue

bonds II 13 12

Funds of estates and copartnerships not claimed in 70 years shall

be vested as school funds

Gambling, unlawful, for officer XVII

officer engaging in, loses office ....

Gas works, how right to erect granted

General Assembly shall frequently assemble

may authorize suspension of laws

may consent to maintain army

may declare martial law

may authorize erection of wharves and collec-
tion of tolls

shall provi.de certificates of registration

shall provide for appeal from registration of-

licers II 5 11

for correction of illegal and fraudu-
lent voting and crimes against

election laws II 5 11

shall provide for registration of electors and

holding of elections II 8 11

shall provide polling precincts 11 9 12

regulation of primary elections ... II 10 12

consists of HI 1 13

session of 1895 postponed HI 9 14

sessions, when held in 9 14

compensation of members of Ill 9 14

members of, when protected Ill 14 15

per diem IH 19 w

cannot increase compensation. ... Ill 19 16
same compensation in extra ses-
sion in 19 16

elections, in viva voce HI 20 16

enterei I on Journals Ill 20 16

who eligible as member HI 24 16

oath ot members jjj 26 17

may grant right of way over public lands in 31 18

may confirm title to public lands m 31 j^g

shall not authorize payment of salary ot de-
ceased officer after death " m 32 jg

shall not grant pensions, except HI 32 ig

shall not retire officer on pay or part pay Ill 32 18

cannot enact certain special laws Ill 34 19

may limit number ot acres ot land held by

aliens or alien corporations Ill 35 iq

must open returns of election of Governor.... IV 4 20
shall elect Governor, when IV 4 20

p Art. Sec. Page.
general Assembly shall prescribe how contested elections for Gov-
ernor may be determined IV 4 20

Shall provide Board of Pardons IV 11 21

may prescribe jurisdiction of Magistrates V 21 27

may provide clerk for other Courts of record. . . V 27 28
may authorize Judge of Probate to perform

duties of clerk V 27 28

may provide one Solicitor for each County if

County Courts established V 29 29

shall provide for publication of decisions of Su-
preme Court V 32 29

shall provide for arbitration of differences VI 1 29

may establish new Counties, when VII 1 31

to same effect VII 2 31

may alter County lines, when VII 7 32

may provide for consolidation of two or more

Counties. VII 10 32

may establish or change townships VII 11 32

may provide township government VII 11 33

may make special provisions for municipal gov-
ernment VII 11 33

may form Judicial and Congressional Districts. VII 13 33
shall pass general laws for organization and

classification of municipal corporations. . . VIII 1 31
shall restrict municipalities in levying taxes. . . VIII 3 33
shall not grant right to construct street rail-
ways, &o., without consent of local author-
ities VIII 4 34

may create Boards of Health VIII 10 35

may prohibit manufacture or sale of liquors. . . . VIII 11 35
may authorize State and County officers to buy

and sell liquors VIII 11 35

shall not grant special charters except on

two-third vote IX 2 36

Governor may convene, in extra session IV 16 22

adjourn in case of disagreement IV 16 22

may establish County, inferior and municipal

Courts V 1 24

shall elect Chief Justices V 2 24

Associate Justices V 2 24

third Associate Justice V 3 24

Circuit Judges V 13 26

shall provide for holding special or regular
terms of Circuit Courts by men learn-
ed in the law V 6 24

may divide the State into Judicial Circuits V 13 26

shall provide for Judges to interchange Circuits. . V 14 26
shall not license foreign corporation to build rail-
roads In this State IX 8 37

shall provide for examination of banking and fis-
cal corporations IX 9 37

shall provide for directors of corporations by cu-
mulative plan IX 11 38

shall prevent trusts, combinations, &c IX 13 38

^rt. Sec. Page.
General Assemljly shall never remit the forfeiture of the franchise

of any corporation, unless IX 17 39

shall provide for uniform assessment and taxa-
tion X 1 40

shall provide for annual expenses of State Gov-
ernment X 2 40

shall provide for deficiency in expenses of State

Government X 2 40

may authorize County or township to issue

bonds, for what purpose

forbidden to create debt except

shall provide for safe keeping of funds

shall make embezzlement of certain funds a

felony

may remove disability of embezzlement, how ....

shall provide for assessment of all property

shall prescribe duties and powers of Superintend-
ent of Education XI 1 43

shall provide for all school officers, their powers,

duties and compensation

shall provide free public schools

shall define ' 'enrollment"

shall apportion income of invested school funds.,
shall provide for appointment or election of Di-
rectors of Penitentiary and State benevolent

and charitable institutions

may provide Reformatory for .iuvenile offenders,
shall provide pensions for indigent soldiers, sail-
ors, and widows of XIII

may charge tax or impost on navigable waters. . .
may ask removal of executive or judicial officer. .
may provide for calling Constitutional Conven-
tion XVI 3 50

may direct how claims against State shall be

established XVII

shall provide for removal of causes XVII

shall prohibit lotteries XVII

General Sessions, Court of, .lurisdiction of V

appellate jurisdiction from inferior Courts V

concurrent jurisdiction with inferior Courts in cer-
tain cases V

Gifts for educational purposes shall be used as directed XI

to State not otherwise designated shall be invested as school

funds .' XI

Graded school disUicts included in new district, new territory

shall bear its part of bonded debt existing XI

Graded school districts not repealed XI

Grants of corporate franchises, not organized under in good faith,

subject to

how issued

Grand Jury, presentment by, necessary in graver cases

consists of 18

12 must agree

XII

4-5

XII

illl

XIV

11 46

Arl. Sec. Page.

Government, forms of, modified by people I 1 7

Governor, pardon of, removosj disqualification for voting II 6 11

appoints Boards of Eegistration II 8 11

may change place of meeting of General Assembly in

case of contagion Ill 9 14

elected by IV 2 19

term of office of IV 2 19

when elected IV 2 20

installation of IV 2 20

who eligible to office of IV 3 20

hold no other office except W 3 20

returns of election of, how forwarded IV 4 20

contested elections of, how determined IV 4 20

vacancy in office of, how filled IV 9 21

commander-in-chief of, militia, except IV 10 21

grant reprieves, pardons, &c IV 11 21

remit fines or forfeitures IV 11 21

executes the laws IV 12 21

compensation of IV 13 21

may demand reports of executive officers and Boards

of public institutions IV 14 21

appoints Magistrates V 20 27

order election for new County when VIII 1 33

may apply for armed police force VIII 9 35

shall give the General Assembly information of the

condition of the State IV 15 22

may recommend measures to the General Assembly ... IV 15 22

shall commission all officers IV 17 22

sign grants and commissions IV 19 22

oath of office of IV 20 22

reside at capital, except IV 21 22

may suspend officer for embezzlement IV 22 22

sign bill or joint resolution IV 23 22

may veto bill or joint resolution IV 23 22

any part of appropriation bill IV 23 23

must return bill or joint resolution within three days

unless IV 23 23

shall commission one learned in law to act in place of

disqualified Judge or Justice V

appoint Justice or Judge for less time than one year. . . V

member of State Board of Education XI

Chairman of such Board XI

shall appoint Superintendent and Regents for State

Hospital for Insane XII 2 47

fill vacancies in offices in penal and charitable in-
stitutions XII 8 47

may call out militia and volunteer forces when XIII

appoint staff officers XIII

impeachment of. Chief Justice presides XV

may remove executive or judicial officers when XV

Habeas corpus shall not be suspended unless I

Highways, navigable waters and boundary rivers are XIV

Art. Sec. Page-

Homestead established m ^^ ^'^

husband and wife must sign deed or mortgage of, after

assigned Ill 28 18

House, each shall judge of election and qualification of its members. Ill 11 15

majority of each, constitute a quorum Ill H 15

each, chooses it own officers Ill 12 1°

determine its own rules HI 12 lo

punish its members HI 12 15

expel a member HI 12 15

may punish any person when Ill 13 15

neither shall adjourn for more than three days without

consent of the other, nor to any other place than. . . Ill 21 16

each shall keep a journal HI 22 16

shall cause its journal to be published HI 22 16

each, doors of, open except HI 23 16

House of Representatives, branch of legislative power IH 1 13

composed of HI 2 13

members of , elected every two years .. . Ill 2 13

number of members HI 3 13

present apportionment of members — HI 3 13

qualification of members lU ^ li

members of, how apportioned HI 3 13

first election for members of HI 8 14

subsequent election for members of Ill 8 14

bills for revenue shall originate in Ill 15 15

ten members may demand "yeas" and

"nays" HI 22 16

vacancies in membership of, how filled. . Ill 25 16

has sole power of impeachments XV 1 49

may propose amendments to Constitu-
tion XVI 1 49

Husband and wife must both sign deed or mortgage of homestead

after assignment, it both living Ill 28 18

Immunities and privileges shall not be abridged I 5 7

Impeachment, Governor, executive and judicial ofiicer.s liable to. . . XV 3 49

judgment of, shall extend only to •. XV 3 49

person convicted of, liable to indictment XV 3 49

sole power of, in House of Representatives. . . XV 1 49

what necessary for XV 1 49

tried by Senate XV 2 49

two-third vote necessary to convict XV 2 49

of Governor, who presides XV 2 49

Implements and Uiols of single person exempt from levy and sale. Ill 28 18
Income from sale, or license for sale, oj liquors shall be used tor

public schools in aid of supplementarj' tax XI 12 46

Incorporation, special, may be had when required by terms of will. Ill 34 19
no charter of, shall be granted by special law except. IX 2 35
all charters of, must be had under general laws, ex-
cept IX 2 35

Indictments or prosecutions for libel, jury judges of law and fact. . I 21 8

shall conclude how V 13 26

Art. iSec. Page.

Inferior Courts may impose sentence of labor on highways V 33 29

General Assembly may establish V 1 23

shall not have jurisdiction of certain crimes V 1 24

jury in V 22 28

Influences, undue, &c., voter to be protected from I 9 7

Inhabitants, every, possessing qualifloations may be elected to of-
fice I 10 7

enumeration of Ill 3 13

Insane, institutions for, provided XII 1 id

Institutions, public, Boards of, report to Governor IV 14 21

of learning, property of, exempt from taxation X 4 40

for insane, blind, deaf and dumb provided XII 1 46

Instruments entered into, heretofore voted, shall continue XVII 11 52

Joint Resolution, read three times Ill is 15

signed by President of Senate Ill 18 15

by Speaker of House of Representatives. Ill 18 15

have "great seal of State" Ill 18 15

Governor must sign or veto IV 23 22

must return in three days, unless IV 23 23

Journal, each house must keep Ill 22 16

yeas and nays entered on Ill 22 16

member may enter dissent Ill 22 16

Journals, causes for address of removal of officer spread at large

on XV 4 49

yeas and nays entered on, on each address XV 4 49

Judge disqualified, vacancy filled, how V 6 24

Judge who tried case cannot sit on hearing in Supreme Court. . .. V 12 25

of Probate Court may perform duties of Clerk V 27 28

Judges, powers at chambers V 25 28

shall not charge juries on facts, but shall declare the law. . V 26 28

compensation of V 9 25

no fees or perquisites V 9 25

hold no other ofHce V 9 25

qualifications of,. V 10 25

conservators of the peace V 11 25

filling vacancy holds for unexpired time V 11 25

cannot sit in certain cases V 6 24

Judgment of Supreme Court must be in writing and preserved in

record of case V 8 25

below reversed by concurrence of three Justices V 12 25

Judicial Circuits, State divided into V 13 26

General Assembly may form VII 13 33

Jurisdiction of Court of Common Pleas V 15 26

to same efifect V 1 23

of Supreme Court V 4 24

of General Sessions V 1 23

to same effect V 18 27

of Probate V 19 27

of Magistrates... X 21 8

Jury, accused tried by I 18 8

judges of law and fact in prosecutions for libel I 21 9

right of trial by, preserved I 25 9

to same effect V 22 28

in municipal and inferior Courts composed of six V 22 28

Art. Se<:.

Jury, may decide question of parallel or competing lines IX 7

Juries, Judges sliall not charge on facts V 26

Juror, qualifloation ot V 22

Justices, concurrence of 3 necessary to reverse judgment below. , . V 12

of Supreme Court, when disqualified V 6

term of office of V 2

when disqualified, vacancy, how filled. V 6

appoint a Clerk and Reporter V 7

compensation of V 9

no fees or perquisites V 9

hold no other office V 9

qualifications of V 10

it equally divided, opinion below affirmed, unless V 12

may call to their aid .judges of Circuit Court, when V 12

have certain powers at chambers V 25

Justice shall be administered without distinction between law and

equity VI 3

senior, shall preside in impeachment of Governor XV 2

Juvenile ofi'enders ; reformatory for, may be provided XII 7

Land held by aliens to be limited Ill 35

scrip, proceeds of, how used XI 8

Lands, public, not to be sold, except HI 31

not to be donated Ill 31

title to certain, shall vest in State XIV 2

ultimate property vested in people XIV 3

title to, failing for want of heirs revert to people XIV 3

Law, no ex post facto, shall be passed I 8

impairing obligations of contracts shall not be passed I 8

granting title of nobility or hereditary emolument shall not

be passed I 8

martial, no person subject to except I 27

none ever passed for benefit if foreign corporation, except. . . IX 8

Laws, suspension of I 13

equal rights under I i

crimes against election II 5

style of Ill 16

certain special, prohibited Ill 34

Governor shall have, executed rv 12

printing of XVII 5

now of force XVII 10

to same effect XVII 11

repugnant to Constitution XVII 10

inconsistent with Constitution XVII 11

Legislative documents, printing of XVII 5

Liability of stockholders IX is

in banks IX is

Libraries, public, property of , exempt from taxation X 4

Liberty, no person to be deprived of, without due process of law. . . 15

License on occupations and business X 1

Licenses in municipalities VIII 6

Life, no person deprived of, without due process of law I 5

Lights, plants tor furnishing VIII 5

Page.
37
28
28
25
24
24
24
25
25
25
25
25
25
26
28

30
49
47
19
45
18
18
48
48
48

9
37

7
11
15
19
21
50
51
51
51
51
50
39
39
40

7
40
34

7
34

Lieuteuaut-Govei-noi-, when elected

oath of office

compensation of

term of ofHce

qualifications

President of Senate

no vote while presiding unless

vacancy, how filled

when act as Governor

Liquors, sale and manufacture of

State, County and municipal officers may be authorized to

buy and sell

General Assembly may grant license to sell

municipal corporations cannot

Loan of credit of State forbidden

Lotteries forbidden

Lynching, damages for, in case of death

Magistrates, how appointed

term of office of -

appoint one or more Constables

salary of

jurisdiction of

sit as examining Courts

may recognize or discharge except in capital cases. .

may bind over to keep peace

try civil actions where

try criminal actions where

Militia, subject to martial law

Governor Commander-in-Chief of

who shall compose

how organized, &c

when exempt from arrest

Governor may call out

Mains, liow right to lay, granted

Managers of Election must require payment of taxes by voter

corporations, how elected ,

Manufactories may be exempt from what taxation

Marriage of whites and negroes void

Married woman, property exemption

right of property

contract of

Matters civil and criminal now pending

Mines, products of taxed ■.

Ministers, residence of, to vote

Members of bar, oath of

each house may be punished

both houses protected

House, 10 demand yeas and nays

Senate, 5 demand yeas and nays

either house may dissent on Journal

General Assembly, per diem of

mileage of

cannot increase compensation

An. Sec. .

Page.

VIII

XVII

XIII

VIII

III

XVII

III

Art. Sec. Page.

Members of General Assembly compensation in extra session Ill 19 16

oathof ni 26 17

Memberof Senate acting as Governor or Lieutenant-Governor.... IV 8 21

Misdemeanor to permit prisoner to be lynched VI 6 31

Money, how drawn from Treasury ^ ^

Municipal elections, registration for II ^^ ^^

qualification of electors in II 12 12

Courts, jury in ^ 22 28

may be establislied V 1 ^^

Municipal t/Ourts, may impose sentence of labor on highways V 33 29

corporations, organization and classification of VIII 1 30

cannot license sale of liquors VIII 11 35

property, what exempt from taxation X 4 40

corporation, bonded debt of X 5 41

refunding or paying existing debt X 5 41

Municipalities, special, government for VII 11 33

Navigable waters, highways XIV 1 48

Negro and white, marriages between Ill 33 18

No conviction work corruption of blood, &c I 8 7

No tax, &c., laid without consent I 7 7

Notaries Public not limited in term I H 7

Oath of Governor and Lieutenant-Governor IV 20 22

all officers Ill 26 17

Obligations, heretofore made valid XVII 11 52

Offence, not tried twice, for same I 17 8

Offences, bailable, except I 20 8

Office, who eligible to I 10 7

to same effect 11 2 10

term of, for specified period II 2 10

person fighting duel, &c., cannot hold I 11 7

term of. Senators and Representatives begin Ill 10 15

disqualifies for seat in General Assembly, except Ill 24 16

of Governor, who eligible to IV 3 20

corporation must keep one in this State IX 4 36

Officer, none retired on pay or part pay Ill 32 18

of registration submit any Section of Constitution to voter II 4 10

must keep separate record of, when II 4 10

swear to and file record of voters 11 4 10

require applicant to read and write, when ;

or have $300 worth of property II 4 10

authorized to collect, receipt or certificate of, proof of pay-
ment of taxes

permitting prisoner lynched, penalty

impeached, suspended

when removed

to same effect

notified of intention to remove

qualification of

to same effect XVII

betting or gambling

in militia, not limited in term

deceased, salary of Ill

XVII

xvn

XVII

III

Officers chosen by each house

oath of

all, elected by

removal ot

Officers, other State, enter upon duties

executive, report to Governor

commissioned by Governor

certain, compensation of

keep accounts

embezzling, felony

present, hold over

compensation of, present

Offices, two not held, except

Ordinances ratified by Convention have what effect

Pardon removes disqualifications

Pardons and commutations

Board of

Passengers, corporations cannot relieve themselves of common

law liability in carriage of

Penal State institutions, directors of

Penalties, accruing, come to State

Penitentiary, Directors of

controlled by State officers

Pensions for indigent soldiers, sailors and widows, thereof

not granted, except for

People, political power vested in

right to assemble and petition

secure against unreasonable searches and seizures

keep and bear arms

Persons, all male, when qualilled for registration, to January, 1898.

all male, when qualified after January, 1898

disqualified from registering and voting

registered up to January, 1898, qualified electors for life. .

coming of age can register 30 days before elections

Petit jury consists of 12

all must agree

Petition for elections for now County

of freeholders in municipality necessary for election to is-
sue bonds

r'ight of people to

Police, no armed force shall ever be brought into State

Political divisions of State, limitation of bonded debt of

power vested in people

Polling precincts to be provided

now existing continue

residence in, four months necessary to vote.

Poll tax, payment of, necessary to vote ^ . .

to same effect

fixed at one dollar

Confederate soldiers over 50 years, exempt from

how collected and disbursed

Primary elections, regulations of

Prize fighting prohibited

Privileges and immunities not abridged

Art. .Sec. j

Paije.

III

XVII

XII

XVII

XII

XIII

III

VII

VIII

Art. Sec. Page.

Population, representation apportioned according- to I 2 7

Power, political, vested in people I 1 '^

military, subordinate to civil I 26 9

of government, separate I 1* ^

judicial, vested in certain Courts V 1 24

Poor of County to be provided for XII 3 47

Press, freedom of I * '^

Precinct, polling II 9 12

each elector to vote at own II 9 12

President of Senate, writ of elections to fill vacancies Ill 25 16

Lieutenant-Governor shall be IV 5 20

pro tempore chosen, when IV 7 21

vacancy, how filled IV 9 21

Prisoner lynched officer prosecuted VI 6 31

Probate Court— see Court of Probate.

Process, service of, on corporations IX 4 36

Proceeds of land scrip XI 8 45

Proceeding, present continue XVII 11 51

Property, $300 alternative qualification for registration II 4 10

not deprived of, without due process of law 15 7

taxed according to value I 6 7

to same effect Ill 29 18

private, not taken for private use I IV 8

public use without compensation. I 17 8

exempt from levy or sale Ill 28 17

not for tixes or purchase money Ill 28 17

assessed and taxed X 1 40

certain exempt f ron; taxation X 4 40

of State never used for benefit of any sectarian institu-
tion XI 9 46

of married women, how held XVII 9 51

ultimate, in lands in people XIV 3 48

in municipalities taxed uniform VIII 6 34

Protection of laws not denied I 5 7

Prosecutions or indictments for libel I 21 8

present, continue XVII 11 51

to same effect XVII 11 51

Provisions of Constitution I 29 9

laws remain XVII 11 51

Printing of executive department XVII 5 50

Public printing let on contract XVII 5 50

Punishment, no corporal I 19 8

Public institutions. Boards of, report to Governor IV 14 21

Public moneys, account of, published . . .•. X 8 42

debt not increased, except X 11 42

Qualillcation for voting, no property, except I 11 7

members of General Assembly Ill 7 14

of Governor IV 3 20

of Lieutenant-Governor IV 6 20

of Justices and Judges V 10 25

of jurors V 22 28

Questions of Constitutional law may be decided by Justices of Su-
preme Court xnd Judges of Circuit Court V 12 26

„ Art. Sec. Page.

yuRStions of whether companies are competing may be decided by

1"ry IX 7 37

Railroad Commission may malje certain rates tX 5 36

may connect with or cross other lines IX 6 37

carry freight and passengers without discrimination.... IX 6 37

not consolidate with or control stock of competing lines. IX 7 37

only consolidated by domestic corporations IX 8 37

Commission established IX 14 38

duties, election of, and term of office to be

regulated IX 14 38

present, continued IX 14 38

powers and duties of IX 14 38

employees' rights and remedies IX 15 38

rates, no discrimination in IX 5 36

competitive. Railroad Commission may make IX 5 36

Receipt, proof of payment of taxes II 4 11

Record of persons registered up to January, 1898 II 4 10

Reformatory tor juvenile offenders XII 7 47

Regents of State Hospital for Insane, how appointed XII 2 47

Records, public, registration book shall be II 8 11

Recognizances heretofore entered into valid XVII 11 52

Registration necessary to vote II 4 10

every ten years II 4 10

certificate of , to elector II 4 10

of electors to be provided 11 8 11

to January, 1898, by Board II 8 11

books open II 8 11

of, public records II 8 11

close 30 days before election II ll 12

municipal elections II 12 12

certificate of, in municipal elections II 12 12

Religion, none established I 4 7

Remedy tor all wrongs I 15 8

Removal of officers Ill 27 17

Representation in House of Representatives I 2 7

according to population I 2 7

Representatives, apportionment ot Ill 3 13

how assigned Ill 4 13

apportionment of, when to take effect Ill 5 14

terms of , begin Ill 10 15

Reporter of Supreme Court, appointment of V 7 25

term ot office of V 7 25

Residence not lost by temporary absence I 12 8

two years necessary to vote .*. II 4 10

not lost by temporary employment or navigation of

seas II 7 11

change of, change ot precincts II 9 12

ot Governor IV 21 22

Circuit Judge V 13 26

Solicitor V 29 29

Sheriff V 30 29

Coroner V 30 29

Resolution, but one subject, and expressed in title Ill 17 15

Returns of election for Governor IV 4 20

Art. See. Page-

Revenue, bills for, orginate Ill 15 15

Eight of way over public lands HI 31 18

how appropriated IX. 20 39

value of, ascertained by .iury IX 20 40

Eights, present, of individuals and bodies corporate XVII 11 51

Elvers, boundary, highways XIV 1 48

Eules of procedure for each liouse Ill 12 15

Salaries of school officers and County Treasurers XI 4 43

of deceased officers Ill 32 18

Sailors, indigent, pension of XIII 5 48

Saluda — see County of.

Scrip, none to be issued, except X 7 42

Seal of State described IV 18 22

Secretary of State have returns of election of Governor forwarded. IV 4 20

countersign grant and commissions IV 19 22

elected by IV 24 23

term of office of IV 24 23

compensation of IV 24 23

copy of registered voters filed with II 4 10

certificate of, sufficient for registration II 4 10

receive returns of election for Governor IV 4 20

deliver same to Speaker of House of Eepresen-

tatives IV 4 20

Senate, Lieutenant-Governor President of IV 5 20

President pro tempore chosen, when IV 7 21

member acting as Governor or Lieutenant-Governor resign

his seat IV 8 21

vacancy. President pro tempore, how filled IV 9 21

when convened by proclamation IV 9 21

branch of legislative power Ill l 13

composed of Ill 6 14

term of members of Ill 6 14

bills for revenue amended in Ill 15 15

other, may originate in Ill 15 15

5 members may demand yeas and nays Ill 22 16

Senate, vacancies in, how filled Ill 25 16

try impeachments XV 2 49

propose amendments to Constitution XVI 1 49

Senators, qualification of Ill 7 14

lirst election for Ill 8 14

subsequent election for Ill g 14

classification of Ill g 14.

terms of , begin HI 10 15

Seizures and searches, people secure against unreasonable I 16 8

Service of process on corporations IX 4. 36

Servant, no extra compensation HI 30 ig

Sexual intercourse HI 33 jg

Sinking fund, must have, to redeem bonds VIII 7 34

Sciiool property exempt from taxation X 4 40

School districts may levy taxes X 5 41

to same effect XI 6 44

bonded debt limited X 5 41

area XI 5 44

officers to be provided XI 3 43

School, free public, provided

children, ages of

districts, all territory in, bear just proportion of bonded

debt

funds, how apportioned

disbursed by Trustees

Trustees, number of

how elected

Schools, separate, for white and colored

Shares of stockholders of corporations must be taxed, where

Sheriff, election of

term of office of

residence of

disqualified for office second time, when

Soldier not quartered in private house, except. . .

Solicitor, one for each Circuit '

election of

term of office of

compensation of

one for each County, when

Speech, freedom of

Speaker of House of Representatives, issue writ of election to fill

vacancy

open returns of election of

Governor, when

State have changes of venue, when

Government, expenses of

shall not be joint owner or stockholder:

bonds, denomination of

shall be registered

State bonds, annual tax for interest on

and County school funds, safe keeping of

Board of Education, composed of

how appointed

Chairman and Secretary of

regulate examination of teachers

award scholarships

traveling expenses of

Hospital for Insane—

Eegents of, to be physicians

Superintendent of

how appointed

other physicians and officers appointed

two years' residence in, necessary to vote

officers enter upon duties, when

concurrent jurisdiction on boundary rivers

vested with title to certain lands

Librarian not subject to provisions of Article 17, Section 1 . .

Statement of account of public moneys published

Staff officers, how appointed

Statute, every, public law, unless

Art. Sec. Page.
XI 5 44
XI 5 43

V
I

XI
XI
XI
XI
XI

XII
XII
XII
XII

II
rv

. XIV

XIV

XVII

XIII

X
XI
XI
XI
XI
XI

V
V
V

V 29 29
29 29
4 7

5 41
G 44

6 44
G 44

6 44

7 45
5 41

30 29

2G 9

29 29

III 25 IG

X 11
X
X
XI

20
30
40
41

11 42
42

11 42

12 42
2 43

43
43
43
43
43

47
47
47
47

4 10

Art. Sec. Page.

Statutes codiflfid by Commissioner VI 5 30

every ten years VI 5 30

Street railway, how right to construct, granted VIII 4 33

Student, residence of , attending institution ol learning II 7 11

Stock only issued for labor, money or property IX 10 38

fictitious, void IX 10 38

Stockholders, liability of IX 18 39

in banks IX 18 39

Style of laws HI 16 15

Subsidy not levied, without consent I 7 7

Suffx-age, right of, protected I 9 7

to same effect II 15 12

Sureties, all persons, bailable by, except I 20 8

Superintendent of Education —

term of office of XI 1 43

to same effect IV 24 23

time of election of XI 1 43

duties and powers of, to be pro-
vided XI 1 43

members of State Board XI 2 43

Secretary of State Board XI 2 43

elected by IV 24 23

compensation of IV 24 23

Supreme Court, judicial powers vested in V 1 23

composed of V 2 24

quorum V 2 24

issue writs V 4 24

jurisdiction of V 4 24

held twice a year at capital V 5 24

decide each point V 8 25

put decree in writing V 8 25

preserve decree in record V 8 25

decisions of, published V 32 29

Supreme Being, person denying existence of, cannot hold office XVII 4 50

Supplementary taxes for schools XI 6 44

how collected and disbursed XI 6 45

income of sale of liquors in aid of XI 12 46

not to be levied, when XI 12 4G

Tax, none for use of navigable waters, except I 28 9

capitation, on certain domestic animals X 1 40

on incomes may be provided X 1 40

none, except in pursuance of law X 3 40

how applied X 3 40

for schools, 3 mills XI 6 44

Taxes, payment of, for past year necessary to vote II 4 10

certificate or receipt proof of payment 11 4 11

property not exempt from wi 28 17

laid according to actual value Ill 29 18

in municipalities restricted VIII 3 33

corporate must be uniform VIII 6 34

privileged, how graduated VIII 6 34

all, levied on same assessment X 13 43

how collected X 13 43

• 81

Art. Sec. Page.

laxation, in proportion to value I 6 7

manufactories, how and when exempt from certain VIII 8 34

uniform rate of X 1 40

certain property exempt from X 4 40

Teachers of public schools, residence of, for voting II 4 10

Telephone plant, how right to construct, granted VIII 4 34

Tickets, excursion or commutation, may be issued IX 5 36

Title to certain lands vest in State XIV 2 48

Toll, none on navigable waters, except I 28 9

Tools and implements of single man exempt from levy and sale... Ill 28 18

Town, no County line through VII 14 33

none organized, except how VIII 2 33

Towns may organize under general laws VIII 1 33

when special charters cease VIII 1 33

power to levy taxes restricted VIII 3 33

may acquire and operate water and light plants VIII 5 34

collect taxes for corporate purposes VIII 6 34

to same effect X 5 41

may exempt manufactories from taxes, how VIII 8 34

Townships corporate bodies VII 11 32

government for, may be provided VII 11 32

property exempt from taxation X 4 40

may tax for corporate purposes X 5 41

bonded debt of, limited X 5 41

may issue bonds for what purpose X 6 42

Treasurer, State, elected by IV 24 23

term of office of IV 24 23

compensation of ly 24 23

Treason defined I 22 9

how convicted of I 22 9

Trial Justices declared Magistrates V 20 27

by nury preserved , . V 22 28

Ti-ust funds, appropriating to private use, officers removed for IV 22 22

Trusts shall be prevented IX 13 21

"True value in money" defined X 5 41

Trustees of corporations, how elected IX 11 21

schools shall disburse school funds XI 6 44

Truth in evidence in libel I 21 9

University of South Carolina XI 8 45

Claflin XI 8 45

Vacancy in office of penal and charitable institution, how filled XII 8 47

by impeachment, how filled XV 1 49

Vacancies in Senate and House 'of Representatives, how filled Ill 25 16

Supreme Court, or inferior tribunals, how filled V 11' 25

Venue, change of, in Magistrates' districts V 23 28

all cases VI 2 30

Veto to bill or joint resolutions IV 23 23

to any part of appropriation bill IV 23 23

Villages may be permitted to levy what taxes X 5 41

Volunteer forces exempt from arrest when XIII 2 48

may be called out when XIII 2 48

Voting, persons disqualified from II 6 11

Warrants, how issued I 16 8

Art. Sec. Page.

Water works, how right to erect, granted VIII 4 34

and plants, cities may acquire VIII 5 34

Waters, navigable, highways I 28 9

free from tax, &c I 28 9

Wharf, no tax for, unless I 28 9

White person and negro cannot marry HI 33 18

Widows, certain, pensions for XIII 5 48

Wife and husband, both sign deed or mortgage of homestead after

assignment Ill 28 18

Winthrop Normal and Industrial College XI 8 45

Witness not compelled to be against himself I 17 8

Witnesses, accused confronted by I 18 8

shall have process to obtain I 18 8

not be unduly detained I 19 8

two, necessary in treason I 22 9

in lynching cases paid by State VI 6 31

Woman, unmarried, sexual intercourse of under 14 Ill 33 18

eligible to certain offices and clerkships XVII 1 50

married, property of, how held XVII 9 51

power to contract XVII 9 57

Writs, certain, issued at chambers V 25 28

and processes in name of State V 31 29

attested by Clerk of Court V 31 29

present, valid, except XVII 11 51

continued XVII 11 51

"Yeas" and "nays" may be demanded by five members of Senate... Ill 22 16

ten members of House . . Ill 22 16
necessary to pass Bill over Governor's veto and

entered on Journal IV 23 22

on addresss of removal entered on Journals . . . XV 4 49
on amendments to Constitution entered on

Journals XVI 1 49

ORDINANCES

PASSED BY THE

South Carolina Constitutional Convention

OF 1895.

THE State of South Caeolina;

At a Convention of the people of the State of South Carolina begun
and holden at Columbia on the tenth day of September, in the year of
our Lord one thousand eight hundred and ninety-five, and thence con-
tinued by divers adjournments to the fourth day of December, in the
year of our Lord one thousand eight hundred iind ninety five.

AN ORDINANCE

To Establish a New Judicial and Election County fhom a
Portion of the Territory of Edgefield County, to Be
Called Saluda, with Boundaries as Hereinafter De-
scribed.

We, the people of the State of South Carolina, by our delegates in
Convention assembled, do ordain:

Section 1. That a new judicial and election County, which shall
be known as Saluda County, shall be formed, and is hereby authorized
to be formed, with the following boundaries, to wit:

Beginning at the centre of Big Saluda River at a point opposite the
corner of Edgefield and Lexington Counties, thence the Edgefield and
Lexington line to the corner of Lexington and Aiken Counties, thence
the Edgefield and Aiken line to a point three miles north of where the
public road crosses said line near Lybi'and's old mill, thence a straight
line to ten-mile post on public highway leading from Edgefield to Co-
lumbia near the residence of J. W. L. Bartley, thence a straight line
to the junction of the public road leading from Pleasant Cross with
the Long Cane road near Wm. Lett's, thence by the Long Cane road
to Matt. Mathis' Cross Roads, thence a straight line to Owdom's post-
offlce, thence a straight line to Little Red Hill school house near Dr.
Landrum's old place, thence a straight line to a point on the north-
western line of Pine Grove Township, one mile north of Double
Bridges, thence along the northwestern boundary of Pine Grove Town-
ship, to the point on the old Charleston and Cambridge road where it
crosses Halfway Swamp Creek, thence down the middle of Halfway
Swamp Creek to a point in the middle of Saluda River opposite the
mouth of said creek, thence down the middle of Big Saluda River to

the initial point; and the territory embraced within the said lines shall
be known as the Connty of Saluda.

Section 2. That J. H. Edwards, B. "W. Crouch, Alvin Ethredge,
P. C. Stevens, B. L. Caughman, James P. Bean, C. P. Boozer, J. R.
Watson, and J. B. Suddath be, and are hereby, appointed Commis-
sioners to have the boundaries of said new County Saluda as above in-
dicated, surveyed and properly marked, as well as to designate and
establish the County seat; Provided, That the County seat shall be
located within three (3) miles of the geographical centre of the County,
to be ascertained by drawing diagonal lines from the four corners of
the County and taking the point of crossing as such centre, the parti-
cular site to be decided by vote of the people in said County at an elec-
tion which shall be held in accordance with law by order of the Gov-
ernor; and to provide suitable buildings for the several Court and
County officers, and to select and purchase or procure sites for the
usual public buildings, and contract for and superintend the erection
of the court house and jail thereon, and said public buildings shall be
built at the expense of the citizens of the said Count}' of Saluda; and
to meet the said demand a special tax, not exceeding two mills on the
dollar of the assessed value of real and personal property in said Coun-
ty, be levied by the proper County officials hereinafter provided for,
in accordance with the laws now in force regulating the assessment
and collection of taxes.

Section 3. That an election shall be held in the County of Saluda
on Tuesday following the first Monday in November, A. D. 1896, or
on such other daj' as may be provided by law hereinafter, for mem-
bers of the General Assembly and for the regular County officers pro-
vided for by the Constitution and laws of the State.

Section 4. That until the next apportionment of Representatives
the said County of Saluda shall be entitled to two Representatives.

Section 5. That the voting precincts heretofore established by law
in that portion of Edgefield County embraced in the limits of Saluda
County shall be the precincts of Saluda County.

Section 6. That the County of Saluda be, and is hereby, attached
to the Second Congressional District, and shall form part and parcel of
the Fifth Judicial Circuit, and that the regular terms of the Courts of
General Sessions and Common Pleas shall be held at such times as shall
be fixed by law ; and that the Trial Justices located in that portion of
Edgefield County embraced in the limits of Saluda County shall be
continued in office until their successors shall have been appointed and
qualified; Frovidcd, Itonvrer, That from and after the time this ordi-
nance goes into effect they shall be confined and limited in their official
capacity, duty and power to said limits of Saluda County.

Section 7. That from and after the first day of December, A. D.
189(), all suits pending in the Courts of Edgefield of which the defend-
ants reside in that portion of said County now established as the
County of Saluda, and all indictments pending in the said County of
Edgefield where the offence was committed in that part of said County
now established as the County of Saluda, shall be transferred to the

Calendars of the Courts of the said County of Saluda; and all records,
commissions and other papers belonging to any of the said suits or in-
dictments, together with all the legal incidents thereto appertaining,
shall be transferred to the Clerk of the Court of the said County of
Saluda.

Section 8. That the Governor be, and is hereby, authorized and
empowered to appoint a Commission of five persons, two of whom
shall be residents o^ the County of Edgefield, two residents of the new
County of Saluda, and one resident of some other County of the State,
which said Commission shall divide and apportion between the two
Counties herein provided for the present lawful bona fide indebtedness
of the old County of Edgefield, having regard to the amount of unpaid
taxes due to the said County of Edgefield.

^ Section 9. The General Assembly may pass any Act not incon-
sistent with this Ordinance to carry the same into effect.

Done in Columbia, the sixteenth day of October, in the year of
our Lord, one thousand eight hundred and ninety -five.

JNO. GARY EVANS,
■^ttsst: President' of Convention.

S. W. Vance,

Secretary of Convention.

The State of South Carolina:

AN ORDINANCE

To Provide an Alphabetical Index and Marginal Notes to
THE Constitution and Ordinances of the Convention
OF the Year 1895.

Whereas, it is desirable to facilitate and afford easy reference to the
provisions of the Constitution of the year 1895; now,

Be it ordained by the people of the State of South Carolina, in Con-
vention assembled, and by the authority of the same :

Section 1. That C. M. Efird is hereby authorized and appointed to
prepare a complete alphabetical index, with marginal notes, of the
Constitution and Ordinances adopted by this Convention, to form a
part of this Constitution and Ordinances when printed, and that he
receive as compensation therefor fifty dollars, the same to be paid him
by the State Treasurer upon the warrant of the Comptroller-General.

JNO. GARY EVANS,
Attest; President.

S. W. Vance,

Secretary of Convention.

The State of South Carolina .

At a Convention of the people of the State of South Carolina, begun
and holden at Columbia on the tenth day of September, in the year of
our Lord one thousand eight hundred and ninety-five, and thence con-
tinued by divers adjournments to the fourth day of December, in the
year of our Lord one thousand eight hundred and ninety-five.

AN ORDINANCE

To Provide for the Payment of Interest on the Public
Debt of the State of South Carolina to Become Due
on the First Day of January, A. D. 1896, and to Re-
quire the General Assembly to Make Appropriations
for That Purpose.

We, the people of South Carolina, by our delegates in Convention
assembled, do ordain :

Section 1. That the Governor and State Treasurer be, and are
hereby, authorized to make arrangements for the payment of the semi-
annual interest due on the public debt of the State on the first day of
January, A. D. 1896, and, if necessary, in anticipation of the collection
of taxes, they are hereby authorized to borrow for that purpose » sum
not exceeding one hundred and sixty thousand dollars.

Section 3. That the General Assembly, at its next session, is here-
by required and directed to make an appropriation for the payment of
said loan.

Done in Convention, in Columbia, on the third day of December,
A. D. 1895.

JNO. GARY EVANS,
Attest : President of Convention.

S. W. Vance,

Secretary of Convention.

The State of South Carolina :

AN ORDINANCE

To Authorize the General Assembly to Provide for a
Sinking Fund in the Several Counties of the State to
Enable the Same to Do Business on a Cash Basis.

Whereas in most, if not in all, of the Counties of the State the taxes
are never realized until a year after the levy, and consequently the
contracts for ordinary County purposes and for the running of the
schools have to be made on a credit instead of a cash basis ; and
whereas this is an evil that ought to be remedied, Therefore,

Be it ordained by the people of the State of South Carolina, in Con-
vention assembled, and by the authority of the same :

Section 1. That the General Assembly may provide for an annual
tax levy, not to exceed one-half of one mill, in each County not now on
a cash basis. The proceeds of all such levies shall be used as a sinking
fund for each and every County in which it is levied and collected, and
shall be invested or paid out as the General Assembly shall direct, un-
til an amount sufficient shall have been collected to put such Counties
on a cash basis, then such annual levies shall cease.

Done in Convention, in Columbia, on the third day of December,
A. D. 1895.

JNO. GARY EVANS,
Attest : President of Convention.

S. W. Vance,'

Secretary of Convention.

The State of South Carolina .

At a Convention of the people of the State of South Carolina, begun
and holden at Columbia on the tenth day of Septembeiv in the year of
our Lord one thousand eight hundred and ninety-five, and thence con-
tinued by divers adjournments to the fourth day of December, in the
year of our Lord one thousand eight hundred and ninety-five.

AN ORDINAisrCE

In Regard to Paying the State Printer.

Be it ordained by the people of the State of South Carolina, in Con-
vention assembled ;

That the Comptroller-General be authorized to audit the accounts of
the State Printer for work done for the Convention before or after the
adjournment nine die, and to draw his warrant upon the State Treasurer
therefor upon the production of the proper vouchers.

Done in Convention, in Columbia, on the third day of December,
A. D. 1895.

JNO. GARY EVANS,
Attest ; President of Convention.

S. W. Vance,

Secretary of Convention.

The State of South Carolina .

At a Convention of the people of the State of South Carolina begun
and holden at Columbia on the tenth day of September, in the year of
our Lord one thousand eight hundred and ninety -five, and thence con-
tinued by divers adjournments to the fourth day of December, in the
year of our Lord one thousand eight hundred and ninety-five.

AN ORDINANCE

To Provide for the Pay of the Commissioners and Man-
agers of Election.

Be it ordained by the people of the State of South Carolina :
That the General Assembly, at its next session, shall provide reason-
able compensation for the Commissioners, Managers and other officers,
who conducted the election for members of this Constitutional Conven-
tion.

Done in Convention, in Columbia, on the third day of December,
A. D. 1895.

JNO. GARY EVANS,
Attest ; President of Convention.

S. W. Vance,

Secretary of Convention.

The State of South Carolina:

At a Convention of the people of the State of South Carolina begun
and holden at Columbia on the tenth day of September, in the year of
our Lord one thousand eight hundred and ninety -five, and thence con-
tinued by divers adjournments to the fourth day of December, in the
year of our Lord one thousand eight hundred and ninety-five.

AN ORDINANCE

To Provide That the General Assembly May Enact Laws
Necessary to Validate and Carry into Effect the
Subscriptions to the Capital Stock of the Carolina,
Knoxville and Western Railroad Company, Hereto-
fore Voted For and Authorized by the Qualified
Electors of Greenville County.

We, the people of South Carolina, by our delegates in Convention
assembled, do ordain:

Section 1. That nothing contained in the Constitution adopted by
the people of South Carolina, now in Convention assembled, shall
inhibit the General Assembly from enacting all laves necessary to
validate and carry into effect the subscription to the capital stock of
the Carolina, Knoxville and Western Railroad Company, heretofore
voted for and authorized by the qualified electors of Greenville
County : Provided, That said railroad company shall comply with all
the conditions upon which the said bonds were originally voted: And
provided, further, That the qualified electors of said County shall
reaffirm the grant of authority to issue said bonds at an election
called for the purpose within such time as the General Assembly may
prescribe.

Done in Convention, in Columbia, on the third day of Decem-
ber, A. D. 1895.

JNO. GARY EVANS,
Attest: President of Convention.

S. W. Vance,

Secretary of Convention.

The State of South Carolina;

AN ORDINANCK

To Provide vor the Payment of the Per Diem and Mile-
age OF Delegates, Officers and Employees of the
Convention and Other Necessary Expenses, and to
Require the General Assembly to Make Additional
Appropriations to Pay the Same.

We, the people of South Carolina, by our delegates in Convention
assembled, do ordain:

Section 1. That the amount of |30,000. if so much be necessary,
in addition to the |30,000 appropriated by the last General Assembly,
be, and is hereby, appj-opi'iated to pay the per diem and mileage of
the delegates, officers and employees of the Convention and other
necessary expenses.

Section 3. That the Governor and State Treasurer be, and they
are hereby, authorized to borrow sufficient money to meet this addi-
tional appropriation, and the State Treasurer is hereby authorized to
pay it out upon the warrants of the Comptroller-General, who is here-
by required to issue his warrant or warrants for this additional
appropriation, or so much thereof, as may be necessary to meet the
purposes of this Ordinance.

Section 3. That the General Assembly is hereby required and
directed, at its next session, to make an appropriation, sufficient to
pay the amount of money the State Treasurer is herein authorized to
borrow for the payment of the balance of the per diem and mileage
of the delegates, officers and employees of the Convention, and other
necessary expenses, after the exhaustion of the |30,000 already appro-
priated by the General Assembly.

Done in Convention, in Columbia, on the third day of Decem-
ber, A. D. 1895.

JNO. GARY EVANS,

Attest: President of Convention.

S. W. Vance,

Secretary of Convention.

The State of South Carolina:

At a Convention of the people of the State of South Carolina begun
and holden at Columbia on the tenth day of September, in the year of
our Lord one thousand eight hundred and ninety -five, and thence con-
tinued by divers adjournments to the fourth day of December in the
year of our Lord one thousand eight hundred and ninety -five.

AN ORDINANCE

To Provide That the General Assembly May Enact Laws
Necessary to Validate and Carry into Effect Sub-
scriptions TO THE Capital Stock of Certain Railroad
Companies, Heretofore Voted by the County of Fair-
field, AND TO Validate and Authorize the Issue of
Bonds in Pay'ment of the Same.

Be it ordained by the people of South Carolina, in Convention as-
sembled, That nothing contained in the Constitution adopted by the
people of South Carolina, now in Convention assembled, shall pro-
hibit the General Assembly from enacting laws necessary to validate
and carry into effect the subscription to the capital stock of the Cape
Fear and Cincinnati Railroad Company, and the subscription to
the capital stock of the Wadesboro, Winnsboro and Camak Railroad
Company, heretofore voted for and authorized by the qualified elec-
tors of Fairfield County, and to validate and aiithorize the issue of
the bonds of said County in payment of the same; Provided, That
the said railroad companies comply with all the conditions ujjon
which said subscriptions and bonds were originally voted: And pro-
vided, further. That the qualified electors of said County reaffirm the
grant of authority to issue said bonds in payment of said subscrip-
tions to either or both of said railroad companies at the next general
election for State and County officers.

Done in Convention, in Columbia, on the third day of Decem-
ber, A. D. 1895.

JNO. GARY EVANS,
Attest: President of Convention.

S. W. Vance,

Secretary of Convention.

92
The State of South Carolina :

At a Convention of the people of the State of South Carolina begun
and holden at Columbia on the tenth day of September, in the year of
our Lord one thousand eight hundred and ninety-five, and thence
continued by divers adjournments to the fourth day of December, in
the year of our Lord one thousand eight hundred and ninety-five.

AN ORDINANCE

Fixing the Pay and Mileage of the Members, Officers
AND Employees of This Convention.

We, the people of South Carolina, in Convention assembled, do
ordain ;

Section 1. That the following sums, if so much be necessary, be,
and the same are hereby, appropriated to pay the expenses of the
Constitutional Convention from the tenth day of September, eighteen
hundred and ninety-five, to the close of the session (except the time of
the recess taken from the fourth day of October, eighteen hundred
and ninety-five, to the fifteenth day of October, eighteen hundred and
ninety -five, ) to the close of the session, as follows : For the per diem
of the members at two dollars, and an additional per diem of two
dollars from the sixteenth day of October, eighteen hundred and
ninety-five, to the end of the session; for the pay of S. W. Vance,
Secretary of the Convention, six hundred dollars; for the pay of P. L.
Melton, Assistant Secretary of the Convention, four dollars per day;
for the pay of H. R. Flannigan, Second Assistant Secretary of the
Convention, three dollars per day; for the pay of J. T. Gantt, Journal
Clerk, three dollars per day and three dollars per daj' for
indexing after adjournment, not to exceed twenty days, such
number of days as are absolutely necessary to be certified
to by the Secretary of the Convention; for the pay of D. H.
Witherspoon, Bill Clerk, three dollars per day; for the pay of
A. H. Dagnall, Reading Clerk, three dollars per day; for the pay of
E. P. Jennings, Postal Clerk, two dollars per day; for the pay of R.
M. Jolly, Doorkeeper, two dollars and fifty cents per day; for the pay
of Joseph Witherspoon, Assistant Doorkeeper, two dollars per day;
for the pay of W. J. Shelton, Gallery Doorkeeper, two dollars per
day; for the pay of Glenn Smith, James Robinson, J. B. Hughes,
Belton Drafts Caughman, J. W. McCalla, U. R. Brooks, Jr. , Pages of
the Constitutional Convention, each one dollar and fifty cents per day;
for the pay of W. W. Lazenbury, West Oliphant, Damon Cantey,
Council Cross, James Adamson and Aaron Owens, Laborers, each one
dollar and fifty cents per day; for the pay of W. Boyd Evans, Clerk
of Judiciary Committee, two dollars per day; for the pay of Benjamin
W. Crouch, Clerk of the Suffrage Committee, two dollars per day; for
the pay of Levi David, Clerk of the Educational Committee, two
dollars per day; for the pay of A. R. Harmon, Clerk of the Executive
Committee, two dollars per day; for the pay of J. W. Wessinger,
Clerk of the Legislative Committee, two dollars per day ; for the pay

of R. L. Freeman, Clerk of the Committee on Finance and Taxation,
two dollars per day; for the pay of G. P. Smith, Clerk of the Com-
mittee on Declaration of Rights, two dollars per day; for the pay of
E._ "W. Townsend, Clerk of the Committee on Miscellaneous Matters,
two dollars per day; for the pay of G. H. Charles, Clerk of the Com-
mittee on Counties and County Government, two dollars per day; for
the pay of W. H. Yeldell, Chief Clerk of the Engrossing Department,
three dollars per day; for the pay of N. H. Stansell, Sergeant-at-
Arms, three dollars per day; for the pay of the two Chaplains of the
Convention, seventy-iive dollars each.

Section 3. Be it further ordained, That the mileage of the mem-
bers of the Convention shall he five cents per mile, to and from the
Convention by the usual routes. And he it further ordained, That
according to a resolution passed by the Constitutional Convention on
the twenty-first day (Thursday, October third, eighteen hundred and
ninety-five), the members, officers and employees of this Convention
be paid five cents per inile going to their homes during the I'ecess and
returning therefrom.

Section 3. Be it further ordained. That the following sums, if so
much be necessary, be appropriated; To pay for the printing connect-
ed with the Convention, dollars; for lights, |700; for stationery,

dollars.

Section 4. The disbursing officer of this Convention shall, upon
the adjournment thereof, or as soon thereafter as practicable, issue to
the widows of the late J. O. Byrd, R. H. Hodges and J. M. Sprott,
members of this Convention, who died while in attendance thereon,
pay certificates for the amounts which would have been due their re-
spective husbands had they lived and been in attendance upon this
body when it adjourned.

Section 5. Each delegate, officer and employee be allowed mileage
at five cents per mile going to his home and returning, for the recess
from the twenty-seventh day of November to the third day of Decem-
ber ; that no per diem be allowed for said recess to delegates, officers
and employees, except to those who remained in Columbia sick during
the recess and except those delegates who shall attend the meetings of
the Committee on Order, Style and Revision, and the clerks employed
by said Committee shall be paid four dollars per day.

Done in Convention, in Columbia, on the third day of Decem-
ber, A. D. 1895.

JNO. GARY EVANS,
Attest: President of Convention.

S. W. Vance,

Secretary of Convention.

The State of South Carolina:

At a Convention of the people of the State of South Carolina begun
and holden at Columbia on the tenth da}' of September, in the year of
our Lord one thousand eight hundred and ninety-five, and thfence con-
tinued by divers adjournments to the fourth day of December, in the
year of our Lord one thousand eight hundred and ninety-five.

AN ORDINANCE

To Provide That the General Assembly May Enact Such
Laws as May Be Necessary to Validate and Carry in-
to Effect Subscriptions to the Capital Stock of Cer-
tain Railroad Companies, Heretofore Voted by the
County of Chesterfield and by the City op Spartan-
burg, Respectively, and to Validate and Authorize
the Issue of Bonds in Payment of the Same.

Be it ordained by the people of South Carolina, in Convention as-
sembled. That nothing in the Constitution ordained and established
by the people of South Carolina, now in Convention assembled, shall
prohibit the General Assembly from enacting such laws as maj' be
necessary to validate and carry into effect the subscriptions to the
capital stock of the Chesterfield and Lancaster Railroad Company,
and to the Chesterfield and Kershaw Railroad Compan}', heretofore
voted for and authorized by the qualified voters of Chesterfield
County, and to validate and authorize the issue of the bonds of said
County in payment of the same; or from enacting siich laws as ma.v
be necessary to validate and carry into effect the subscription by the
city of Spartanburg to the capital stock of the Spartanburg and
Rutherfordton Railroad Company heretofore voted for and authorized
by the qualified voters of the city of Spartanburg, and to validate
and aiithorize the issue of the bonds of said city in payment of the
same.

Done in Convention, in Columbia, on the twentieth day of No-
vember, A. D. 1895.

JNO. GARY EVANS,
Attest: President of Convention.

S. W. Vance,

Secretary of Convention.

The State of South Carolina:

At a Convention of the people of the State of South Carolina begun
and holden at Columbia on the tenth day of September, in the year of
our Lord one thousand eight hxindred and ninety -five, and thence con-
tinued by divers adjournments to the fourth day of December, in the
year of our Lord one thousand eight hundred and ninety -five.

AN ORDINANCE

To Postpone the Next Regular Session of the General
Assembly from the Fourth Tuesday in November, 1895,
TO THE Second Tuesday in January, 1896.

Be it ordained by the people of South Carolina, in Convention as-
sembled, and by authority of the same. That the next regular session
of the General Assembly of this State, appointed by law, to be held
on the fourth Tuesday of November, in the year of our Lord one
thotisand eight hundred and ninety-five, be, and the same is hereby,
postponed until the second Tuesday of January, in the year of our
Lord one thousand eight hundred and ninety -six; and that the Gov-
ernor of the State, be, and is hereby, authorized and empowered to
issue his proclamation to that effect.

Done in Convention this eighteenth day of November, 1895.

JNO. GARY EVANS,
Attest: President of Convention.

S. W. Vance,

Secretary of Convention.

INDEX TO ORDINANCES.

PAGE.

An Ordinance authorizing the Comptroller General to audit accounts of the

State Printer 88

An Ordinance establishing the County of Saluda 83, 84 and 85

An Ordinance fixing the pay of menabers, officers and employees 92 and 93

An Ordinance postponing session of General Assembly for 1895 95

An Ordinance providing for index and marginal notes for Constitution and

Ordinances 85

An Ordinance providing for payment of interest on public debt 86

An Ordinance providing for sinking fund in several Counties 87

An Ordinance providing for pay of Managers and Commissioners of Election. 88
An Ordinance providing for payment of members, officers and employees,

and other expenses 90

An Ordinance validating subscription to Carolina, KnoxviUe and Western

Railroad Company 89

An Ordinance validating subscription to Cape Fear and Cincinnati Kailroad

Company, 91

An Ordinance validating subscription to the Chesterfield and Kershaw Rail-
road Company 94

An Ordinance validating subscription to the Chesterfield and Lancaster Kail-
road Company 94

An Ordinance validating subscription to the Spartanburg and Rutherfordton

Railroad Company 94

An Ordinance validating subscription to the Wadesboro, Winnsboro and Ca-
mak Railroad Company 91

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Full text of "Constitution of the state of South Carolina, ratified in convention, December 4, 1895"

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